What is a contested divorce?
A couple can either get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other. The second case, where the divorce is not mutual but initiated by one party alone, is what is known as a contested divorce.
In case of a contested divorce, there are specific grounds on which a petition for divorce can be made before court. While it is generally more time consuming and than a mutual divorce, if there exist satisfactory grounds for granting of divorce, it could be fairly straightforward.
What are the grounds for divorce?
The broad grounds under which a contested divorce is granted by court are listed below:
Cruelty
Cruelty could be either in the nature of physical or mental cruelty. As per the Hindu family laws, if one of the spouses has a reasonable and well founded fear that the conduct of the other spouse is likely to be harmful, then there is sufficient grounds for obtaining divorce due to cruelty.
Adultery
A man that commits adultery (i.e. has consensual sexual intercourse outside of hismarriage) is liable to be charged with a criminal offence. The wife may, of course, still file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she may not be liable to be charged with a criminal offence, although the husband may seek prosecution of the adulterous male for adultery.
Desertion
One spouse deserting the other without reasonable cause (cruelty, for example) is a cause for divorce in India. However, the spouse who abandons the other should intend to desert and there must exist some proof of it. As per Hindu laws, the desertion should have lasted at least two back to back years. Christians, however, will not be able to file a divorce petition solely on grounds of desertion.
Conversion
Divorce can be sought by a spouse if the other spouse converts to another religion other than the one they were under at the time of marriage. In such cases, there is no requirement of any time to have passed before divorce can be filed.
Mental Disorder
If the spouse is incapable of performing any of the normal duties required in a marriage on account of mental illness, divorce may be sought by the other spouse.
Communicable Disease
If one spouse suffers from a communicable disease, as per the Hindu divorce laws, the other spouse can file for a divorce.
Renunciation Of The World
If the spouse renounces his/her married life and opts for sannyasa, the other spouse can file for a divorce.
Presumption Of Death
If a spouse has not been seen or heard of to be alive for a time period of at least seven years, by any such persons who would have normally heard about such spouse if he or she were alive, then the spouse who is alive may file for a divorce.
Documents required for Contested Divorce
- Address proof of husband
- Address proof of wife
- Marriage certificate
- Details of profession and present remuneration
- Evidence to establish that the couples is living separately for more than 1 year
- Income tax statements for the previous 2-3 years
- Evidence relating to the failed attempts of reconciliation
- Four passport size photographs of marriage of husband and wife
- Information relating to family background
- Particulars as to property and other assets owned by the couple
FAQs on Contested Divorce
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the other spouse having sufficient means. When deciding the payment on the alimony, the court will take into account the earning potential of the spouse, their ability to regenerate their fortune, and their liabilities.
In a contested divorce, the alimony, its amount and tenure, depend upon the length of marriage. A divorce after 10 years of marriage entitles the spouse to alimony for life. The other essential factors are:
- Age of the spouse (or the person who is ought to receive the alimony)
- Financial condition or income of the person who is to provide the alimony
- The health of both spouses (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her).
- The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.
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Hi,
We are delighted to welcome you to the vakilsearch family. Divorce is a difficult decision for both husband and wife. If you have decided to separate, we can help make the whole process as painless and as swift as possible.
What Is Contested Divorce?
A contested divorce is just what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees.
What Is The Process To File For Contested Divorce?
With a contested divorce, the partners will have to go through numerous steps before the divorce is finalized, including:
- Prepare, file and serve (deliver) the divorce petition (legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage)
- Respond to the petition (as the case may be)
- Hire a lawyer
- Legal motions and hearings
- Appeal, if you dispute the judge’s decision(s).
Divorce — especially ones that are contested—are complex. Therefore, spouses in a contested divorce should definitely speak with an experienced divorce lawyer who can inform them of their legal rights and ensure they are fully protected.
What Are The Documents Required For Contested Divorce?
- Identity proof copies
- Address proof copies (To finalize the jurisdiction)
- Marriage proof (Marriage certificate, wedding photograph and invitation card)
- Proof of the allegations made on the other spouse
Feel free to reach out to me if you have any questions whatsoever.
