Contested divorce

At Best Divorce Lawyer, we specialize in providing expert legal representation for contested divorce cases in India. We understand the complexities and emotional toll of a contested divorce and are committed to helping you navigate this challenging process with professionalism, empathy, and a results-oriented approach.

What is a Contested Divorce?

A Contested Divorce occurs when one spouse files for divorce without the consent of the other, or when the spouses cannot agree on critical aspects like:

• Grounds for divorce
• Child custody
• Alimony and maintenance
• Division of property and assets

In such cases, the court intervenes to resolve disputes based on evidence and legal arguments presented by both parties.

Legal Grounds for Contested Divorce in India

Contested divorce cases in India are governed by various personal laws, such as:

• Hindu Marriage Act, 1955
• Special Marriage Act, 1954
• Indian Divorce Act, 1869
• Parsi Marriage and Divorce Act, 1936

Common grounds for filing a contested divorce include:

1. Cruelty: Physical or mental abuse by one spouse.
2. Adultery: Extramarital relationships.
3. Desertion: Abandonment for a continuous period (at least two years).
4. Impotency: Inability to consummate the marriage.
5. Chronic Diseases: Mental illness, leprosy, or other severe conditions.
6. Religious Conversion: Change in religion without the other spouse’s consent.
7. Bigamy: Marriage to another person during the subsistence of the first marriage.

Key Aspects of Contested Divorce

1. Child Custody
   Disputes over child custody, visitation rights, and child support are often central issues in contested divorces. We work to protect your parental rights and prioritize the best interests of your child.
2. Alimony and Maintenance
   Determining spousal support is a contentious issue. Our experienced lawyers ensure a fair and equitable resolution.
3. Division of Property
   Division of marital assets, property, and liabilities is handled strategically to protect your financial interests.
4. Evidence and Legal Strategy
   We gather all necessary evidence, including documents, witnesses, and expert testimonies, to build a strong case in your favor.

Our Step-by-Step Process for Contested Divorce

1. Legal Consultation
   Schedule an in-depth consultation with our expert divorce lawyers to evaluate your case and identify the best legal strategy.
2. Filing the Divorce Petition
   We draft and file the divorce petition in the appropriate family court, outlining the grounds for divorce and supporting evidence.
3. Responding to Notices
   If you’re the respondent in a contested divorce, we ensure your response is filed promptly and protects your rights.
4. Mediation and Settlement Efforts
   Before proceeding to trial, courts may recommend mediation to resolve disputes amicably. We assist in negotiations to achieve favorable terms.
5. Court Proceedings
   If mediation fails, we represent you in court, presenting strong arguments and evidence to secure a favorable judgment.
6. Final Judgment
   Once all hearings are completed, the court delivers its final verdict, resolving the contested issues and granting or denying the divorce.

Why Choose Best Divorce Lawyer?

1. Experienced Team: Our lawyers have extensive expertise in contested divorce cases.
2. Strategic Approach: We develop customized legal strategies tailored to your specific situation.
3. Client-Centric Services: Your goals and well-being are our top priorities.
4. Comprehensive Representation: From filing the petition to representing you in court, we handle everything.
5. Confidentiality Guaranteed: Your personal and legal matters are kept private and secure.

Frequently Asked Questions (FAQs)

Q1: How long does a contested divorce take in India?
Contested divorces typically take 2-5 years, depending on the complexity of the case and the court’s schedule.

Q2: Can I file for a contested divorce immediately after marriage?
No, you must wait for at least one year from the date of marriage, except in cases of extreme hardship or exceptional circumstances.

Q3: What documents are required for filing a contested divorce?

• Marriage certificate
• Address proof of both spouses
• Evidence supporting grounds for divorce (e.g., medical records, emails, photos)
• Income and property details of both spouses

Q4: Can the court order reconciliation?
Yes, courts may direct couples to attempt reconciliation through counseling or mediation before proceeding with the case.

Contact Us

At Best Divorce Lawyer, we are dedicated to providing reliable and effective legal solutions for contested divorce cases. Let us handle the legal complexities so you can focus on rebuilding your life.