Explore the reasons behind Delays in divorce proceedings and find strategies to expedite the process. Get insights on divorce delays now!
Divorce in a marriage is challenging! Relationships that could be detrimental to your bodily and emotional wellbeing are also prohibited. Also, consent divorce in India is no longer frowned upon. People gradually choose to leave unhappy marriages and enter healthier ones as they become aware of their unpleasant reality.
What is Consent Divorce?
When a husband and wife agree to dissolve their marriage and file for divorce, this is known as a consent divorce and is done legally. Simply put, a divorce that the husband and wife mutually agreed upon is a consent divorce.
Following Section 13 of the Hindu Marriage Act of 1955, both the husband and the wife have the right to obtain a divorce decree that dissolves their union on more than one of the grounds listed there.
The grounds for divorce by consent are outlined in Section 13-B (divorce by consent).
- One year or more has passed since the spouses’ separation from one another.
- They haven’t been able to coexist peacefully.
- Currently, they agree to dissolve their marriage.
How Long Can Divorce Be Delayed?
Divorce cases might take longer to resolve for a variety of reasons, including the following:
- After recording the statements, the court issues an order regarding the initial motion. Following this, both parties to a divorce have a six-month window to file the second motion.
- Sometimes the delay is brought on by the time it takes the courts to handle the applications. There may be a staffing shortfall at a particular court, which could lead to delays in handling because more applications are listed there.
Easy ways for expediting the consent divorce procedure in India
The following methods exist in India for quickly concluding a consent divorce procedure.
-
No-Fault Divorces
No-fault divorce is a type of consent divorce procedure in which neither spouse must prove that the other is at fault for the marriage to end. Historically, a married couple had to offer a valid justification
for why their union should cease and be granted a divorce. The filing spouse only needs to claim that the marriage has broken down permanently due to irreconcilable differences or incompatibility.
-
Timely Reporting
Both parties must appear in court on time and when requested in this divorce procedure. It would need a lengthy procedure and delay the case resolution if any parties failed to appear in court on the scheduled date.
-
Proper Documentation
Whether it is a consent divorce procedure or not, proper documentation is required because the Indian judicial system already has a drawn-out process for deciding cases. Additionally, it would take twice as long to resolve the matter if any advocacy failed to submit a document that met the requirements. Therefore, it is the advocate’s responsibility to complete correct documentation and provide the document as and when necessary.
-
Fast Track Courts
In case of a divorce procedure , you may transfer your case to the Fast Track Court if you have been arguing it for longer than two years. In India, Fast Track courts were established in 2000 to expedite and resolve court matters that had been pending for a long time. Even if fast-track courts have been formed, it is important to assess whether or not they are serving their intended purpose.
-
Dispute-Free Divorces
An uncontested divorce is one approach to hasten the divorce procedure. When there is no disagreement between the parties over any matter about the divorce, such as the division of property, the division of debt, the issues of education and religion, life and health insurance, etc., the divorce is considered uncontested. The following are benefits of an uncontested divorce: you will always save money on legal bills, experience less stress, and go through the legal system far more quickly than with a contentious divorce.
-
Encouraging Mediation
If the matter is settled or handled through mediation, ending the consent divorce procedure becomes simple. The parties do not have to go through the drawn-out legal process as they would in mediation. If mediation is used, the lengthy divorce procedure can be shortened.
-
Don’t Hide Your Assets
Because they do not want their soon-to-be ex to be given marital assets, people occasionally make the error of hiding them. This method not only delays your divorce greatly but is dishonest and illegal. Additionally, an advocate can expedite the matter’s resolution by conducting a thorough preliminary investigation. The length of the divorce procedure will automatically decrease with well-conducted advanced research.
Key things to remember during the consent divorce procedure.
- Custody of the Child: Which spouse will receive child custody following a divorce?
- Alumni/Maintenance: If one of the partners cannot pay their bills, the other must make a difference. It depends on the parties’ shared understanding.
- Settlement of Property and Assets: Determining the parties’ respective ownership rights to property and assets.
The Steps to Take to File a Divorce Procedure are:
- Before the District Court, both parties must file a divorce petition jointly.
- Before submitting the petition, a married couple should confirm that they have been living apart for at least a year.
- Any member of the party’s family may file the statement on their behalf. After completing this, the “First Motion” is established.
- Couples who are divorcing amicably must explain why they are unable to cohabitate and that they have jointly decided the marriage should end.
- The court will set a date for hearing from the parties after a cooling-off period of six months but no longer than eighteen months.
- The court may issue a divorce judgment following a hearing with the parties and after being satisfied.
Effects of Sneaky Divorce Tactics:
Unethical tactics employed by either party can significantly prolong the divorce process. Delays may arise from attempts to conceal assets, misrepresent financial information, or intentionally complicate legal proceedings.
|
How to get divorce fast? While there isn’t a fixed maximum time for divorce in India, prompt and amicable collaboration between spouses can lead to faster resolution and ensure a timely conclusion to the mutual consent divorce proceedings. |
What to Do If Your Spouse Is Stalling Your Divorce:
If one party is deliberately stalling the divorce, legal intervention may be necessary. Seeking advice from a qualified attorney can help address these issues and expedite the resolution.
|
How long does divorce take in India? In India, a mutual consent divorce is often considered a quicker option for marital dissolution. The process typically takes around 6 to 18 months, but several factors, including court caseload and document processing, can influence the timeline. To expedite the process, both parties should cooperate and provide accurate information. Seeking legal advice early on can facilitate a smoother procedure. |
Conclusion:
The consent divorce procedure in India has now become easy. In some circumstances, the court may waive the cooling-off period, granting the divorce if the marriage appears to be broken beyond repair. Vakilsearch assists you in making your divorce procedure smooth & faster. Additionally, it provides services that address the legal requirements of new and current enterprises. Contact us right away to know more.
FAQs
What factors contribute to the length of time it takes to finalize a divorce?
Various factors influence divorce timelines, including legal requirements, court date availability and the willingness of both parties to cooperate.
Are there common reasons for delays in the divorce process, or does it vary case by case?
Mutual consent divorce delays can result from issues such as contested matters, disputes over assets, child custody battles, and legal complexities. However, each case is unique.
How does the complexity of assets and property division affect the duration of a divorce?
Complex asset division can extend the divorce process on the back of prolonged financial assessments, valuations and negotiations.
Can the involvement of children extend the duration of divorce proceedings, and if so, why?
Yes, child custody and visitation arrangements often require careful consideration, negotiation, and court approval contributing to the maximum time for divorce in India.
Are there any steps individuals can take to expedite the divorce process and minimize delays?
Cooperating with your ex-spouse, providing accurate information, and opting for mediation when possible can expedite the divorce. Seeking early advice from Vakilsearch experts can also help navigate potential obstacles.
