What Documents are Required to File for Divorce?

Last Updated at: May 20, 2020
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What Documents are Required to File for Divorce

Divorce brings the institution of marriage to a legal end. The dissolution of a marriage can be a sentimental and emotionally draining affair. Therefore, having the right legal counsel can make all the difference in such matters. In most cases, the dissolution of a marriage can be made easy by following the entire process diligently. Many people are unaware of how the process of obtaining a divorce works. One of the significant parts of filing for a divorce is getting the documentation right. So, here’s a look at the documents you need to file for divorce in various cases. 

  1. What are the different laws for obtaining a divorce in India?

  2. Documents Required for a Mutual Divorce 

  3. What are the Documents Required when Filing For Alimony?

  4. The Documents Required – Cruelty

  5. Documents Required – Adultery

  6. What are the Documents Required for Desertion?

  7. Documents Required – Unsoundness of Mind  

  8. What are the Documents Required for Other Grounds?

What are the different laws for obtaining a divorce in India?

India has different religious communities living within its confines. Therefore, they require different sets of laws following their customs for the process of marriage and divorce. Some of the most used laws for various religious communities are as follows:

Hindus, Jains, Sikhs, and Buddhist – Hindu Marriage Act, 1955

Muslim – Muslim Marriage Act, 1939

Parsi – Parsi Marriage and Divorce Act, 1936

Inter-religious marriage – Special Marriage Act, 1956 

In case one of the spouses is of another nationality – Foreign Marriage Act, 1969

Indian divorce laws are not easy to navigate through, and the right documentation is the first step towards filing for a divorce. Since the paperwork involved can get complicated, it is better that you start the process of documentation as early as possible.

Documents Required for a Mutual Divorce 

  1. Address proof of husband and wife
  2. Details of their profession and remuneration via Salary slips
  3. Income tax returns of the last 3 years
  4. Information regarding their family
  5. Details of assets owned by them
  6. Marriage Certificate and four wedding photos
  7. Evidence to show spouses lived separately for over a year
  8. Evidence to show their failed attempts at reconciliation

Documents Required when Filing For Alimony

Documents required for the right to alimony is an essential part of granting divorces in India. The claim for the same may be based on the professional qualifications, assets owned, net worth, and financial dependence of each of the spouses. Laws related to alimony vary in different Acts. For instance, as per the Hindu Marriage Act, both spouses can claim permanent alimony, whereas when it comes to the Special Marriage Act, only the wife can do so. Even while requesting for a mutual consent divorce, the spouses must come to a mutual divorce agreement that deals with the share of alimony. Here are the documents required to file for maintenance. 

  • Age of recipient
  • Marriage Duration 
  • Spouse’s health
  • Governing law
  • Child custody
  • Financial position 

Documents Required to File for Divorce Due to Cruelty

In the past, cruelty was a ground only to seek judicial separation, but thanks to the Marriage Law (Amendment) Act 1976, it can now be used to file for a divorce. Spouses can use this ground if subjected to any form of physical, sexual, or mental torture.

  1. Address proof of husband and wife
  2. Four photographs of marriage 
  3. Marriage Certificate
  4. Evidence to prove cruel behavior
  5. Relevant medical reports showcasing physical harm caused.
  6. Witness Statements 

Get legal advice 

Documents Required to File for Divorce Due to Adultery

Considered a criminal offense, adultery can be used as a grounds for divorce when a spouse indulges in a sexual relationship outside the marriage. However, they must have substantial proof to establish it, and premarital sexual relations and pregnancy are not adultery.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence proving either a single act or long-term adultery
  • Witness Statements
  • DNA evidence 

Documents Required to File for Divorce Due to Desertion

While it was only a ground for separation in the past, thanks to Section 13 of the Marriage Laws (Amendment) Act 1976, it is now a ground for divorce. Moreover, voluntary abandonment by a spouse for two years leads to a claim for divorce. 

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Additionally, Evidence for unconsented desertion 
  • Evidence to prove a spouse’s withdrawal from marital obligations
  • Similarly, evidence proving desertion is either constructive or actual

Documents Required to File for Divorce Due to Unsoundness of Mind 

The Marriage Laws (Amendment) Act 1976, helped classify the duration of mental illness elaborately, while it was for three years early on. However, the spouse filing for divorce must satisfy the court through compelling and clear evidence.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Medical certificate 
  • Evidence showing marriage is over 2 years old
  • Additionally, evidence stating the petitioner did not know about the disorder at the time of marriage
  • Evidence showing intermittent mental disorder

Other Grounds:

Virulent and incurable leprosy

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Medical certificate to prove leprosy
  • Evidence stating the petitioner did not know about leprosy at the time of marriage
  • Doctor’s Statements 
  • Medical proof that disease is incurable 

Conversion

When one spouse converts to another religion and ceases to be a Hindu. However, this requires a relinquishment of Hinduism and proof that a ceremonial conversion has occurred. 

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence of formal ceremonial conversion 
  • Conversion certificate
  • Evidence showing lack of undue influence 

Venereal and Communicable Diseases

  • Address proof of husband and wife
  • Additionally, Marriage certificate and four wedding photos
  • Further, medical certificate 
  • Medical certificate showing petitioner didn’t have the disease at the time of marriage. 

New Religious Order

In case the spouse renounces worldly life and takes up celibacy or religious order, recognized by Hinduism.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence showing spouse has renounced the worldly affairs
  • Further, evidence of ceremonial performance 
  • Evidence proving the spouse does not enjoy a marital life

Presumption of Death

This occurs when the spouse is not seen or heard from in seven years. 

  • Address proof of husband and wife
  • Further, Marriage certificate and four wedding photos
  • Evidence that spouse is missing for last 7 years
  • Additionally, Details about the previous date of cohabitation 
  • Evidence to show that a search was done

Non-Compliance with Judicial Separation, Restitution of Conjugal Rights

If either spouse has not resumed their cohabitation even after one year of a decree of judicial separation, they can file for divorce. Similarly, divorce may be filed if there has been no resumption of conjugal rights for over a year. 

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Moreover, evidence proving there has not been any resumption of cohabitation
  • Documents showing decree of judicial separation passed by High Court 
  • Finally, evidence proving failure to resume conjugal rights

 

 

 

0

What Documents are Required to File for Divorce?

169

Divorce brings the institution of marriage to a legal end. The dissolution of a marriage can be a sentimental and emotionally draining affair. Therefore, having the right legal counsel can make all the difference in such matters. In most cases, the dissolution of a marriage can be made easy by following the entire process diligently. Many people are unaware of how the process of obtaining a divorce works. One of the significant parts of filing for a divorce is getting the documentation right. So, here’s a look at the documents you need to file for divorce in various cases. 

  1. What are the different laws for obtaining a divorce in India?

  2. Documents Required for a Mutual Divorce 

  3. What are the Documents Required when Filing For Alimony?

  4. The Documents Required – Cruelty

  5. Documents Required – Adultery

  6. What are the Documents Required for Desertion?

  7. Documents Required – Unsoundness of Mind  

  8. What are the Documents Required for Other Grounds?

What are the different laws for obtaining a divorce in India?

India has different religious communities living within its confines. Therefore, they require different sets of laws following their customs for the process of marriage and divorce. Some of the most used laws for various religious communities are as follows:

Hindus, Jains, Sikhs, and Buddhist – Hindu Marriage Act, 1955

Muslim – Muslim Marriage Act, 1939

Parsi – Parsi Marriage and Divorce Act, 1936

Inter-religious marriage – Special Marriage Act, 1956 

In case one of the spouses is of another nationality – Foreign Marriage Act, 1969

Indian divorce laws are not easy to navigate through, and the right documentation is the first step towards filing for a divorce. Since the paperwork involved can get complicated, it is better that you start the process of documentation as early as possible.

Documents Required for a Mutual Divorce 

  1. Address proof of husband and wife
  2. Details of their profession and remuneration via Salary slips
  3. Income tax returns of the last 3 years
  4. Information regarding their family
  5. Details of assets owned by them
  6. Marriage Certificate and four wedding photos
  7. Evidence to show spouses lived separately for over a year
  8. Evidence to show their failed attempts at reconciliation

Documents Required when Filing For Alimony

Documents required for the right to alimony is an essential part of granting divorces in India. The claim for the same may be based on the professional qualifications, assets owned, net worth, and financial dependence of each of the spouses. Laws related to alimony vary in different Acts. For instance, as per the Hindu Marriage Act, both spouses can claim permanent alimony, whereas when it comes to the Special Marriage Act, only the wife can do so. Even while requesting for a mutual consent divorce, the spouses must come to a mutual divorce agreement that deals with the share of alimony. Here are the documents required to file for maintenance. 

  • Age of recipient
  • Marriage Duration 
  • Spouse’s health
  • Governing law
  • Child custody
  • Financial position 

Documents Required to File for Divorce Due to Cruelty

In the past, cruelty was a ground only to seek judicial separation, but thanks to the Marriage Law (Amendment) Act 1976, it can now be used to file for a divorce. Spouses can use this ground if subjected to any form of physical, sexual, or mental torture.

  1. Address proof of husband and wife
  2. Four photographs of marriage 
  3. Marriage Certificate
  4. Evidence to prove cruel behavior
  5. Relevant medical reports showcasing physical harm caused.
  6. Witness Statements 

Get legal advice 

Documents Required to File for Divorce Due to Adultery

Considered a criminal offense, adultery can be used as a grounds for divorce when a spouse indulges in a sexual relationship outside the marriage. However, they must have substantial proof to establish it, and premarital sexual relations and pregnancy are not adultery.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence proving either a single act or long-term adultery
  • Witness Statements
  • DNA evidence 

Documents Required to File for Divorce Due to Desertion

While it was only a ground for separation in the past, thanks to Section 13 of the Marriage Laws (Amendment) Act 1976, it is now a ground for divorce. Moreover, voluntary abandonment by a spouse for two years leads to a claim for divorce. 

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Additionally, Evidence for unconsented desertion 
  • Evidence to prove a spouse’s withdrawal from marital obligations
  • Similarly, evidence proving desertion is either constructive or actual

Documents Required to File for Divorce Due to Unsoundness of Mind 

The Marriage Laws (Amendment) Act 1976, helped classify the duration of mental illness elaborately, while it was for three years early on. However, the spouse filing for divorce must satisfy the court through compelling and clear evidence.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Medical certificate 
  • Evidence showing marriage is over 2 years old
  • Additionally, evidence stating the petitioner did not know about the disorder at the time of marriage
  • Evidence showing intermittent mental disorder

Other Grounds:

Virulent and incurable leprosy

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Medical certificate to prove leprosy
  • Evidence stating the petitioner did not know about leprosy at the time of marriage
  • Doctor’s Statements 
  • Medical proof that disease is incurable 

Conversion

When one spouse converts to another religion and ceases to be a Hindu. However, this requires a relinquishment of Hinduism and proof that a ceremonial conversion has occurred. 

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence of formal ceremonial conversion 
  • Conversion certificate
  • Evidence showing lack of undue influence 

Venereal and Communicable Diseases

  • Address proof of husband and wife
  • Additionally, Marriage certificate and four wedding photos
  • Further, medical certificate 
  • Medical certificate showing petitioner didn’t have the disease at the time of marriage. 

New Religious Order

In case the spouse renounces worldly life and takes up celibacy or religious order, recognized by Hinduism.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence showing spouse has renounced the worldly affairs
  • Further, evidence of ceremonial performance 
  • Evidence proving the spouse does not enjoy a marital life

Presumption of Death

This occurs when the spouse is not seen or heard from in seven years. 

  • Address proof of husband and wife
  • Further, Marriage certificate and four wedding photos
  • Evidence that spouse is missing for last 7 years
  • Additionally, Details about the previous date of cohabitation 
  • Evidence to show that a search was done

Non-Compliance with Judicial Separation, Restitution of Conjugal Rights

If either spouse has not resumed their cohabitation even after one year of a decree of judicial separation, they can file for divorce. Similarly, divorce may be filed if there has been no resumption of conjugal rights for over a year. 

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Moreover, evidence proving there has not been any resumption of cohabitation
  • Documents showing decree of judicial separation passed by High Court 
  • Finally, evidence proving failure to resume conjugal rights

 

 

 

0

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