What are the legal requirements to get a divorce?

What are the 5 grounds for divorce?

Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:

  • Adultery.
  • Desertion.
  • Insanity.
  • Conversion.
  • Renunciation.
  • Cruelty.
  • Venereal disease.
  • Presumption of death.

What is needed to get divorce?

Requirement of Documents for filing Mutual Divorce Petition:

Marriage Certificate. Address Proof – Husband and Wife. Four Photographs of Marriage. Income tax Statement of last 3 years.

What are the conditions of divorce?

The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.

Do you have to give a reason for divorce?

Divorce and Grounds for Divorce. … There is only one legal ground for divorce, which is that the marriage has irretrievably broken down. The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts: Adultery.

Is divorce possible without mutual consent?

Here’s the answer! When one of the parties in the marriage is not consenting to divorce, the only option left is to fight for divorce in a court of law. Such a divorce is called a contested divorce. The grounds for divorce without consent apply to both – husband and wife.

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How do I file a mutual divorce?

What is the Mutual Divorce Procedure in India?

  1. Step 1: Filing a Divorce Petition. …
  2. Step 2: Court hearing and inspection. …
  3. Step 3: Statement Records. …
  4. Step 4: First Motion. …
  5. Step 5: Second Motion and Final Hearing. …
  6. Step 6: Divorce Decree.

What are the 3 grounds for divorce?

you have a valid marriage (e.g. by providing your marriage certificate or equivalent documentation); and. your marriage has broken down and there is no chance that you will get back together. This is called an irretrievable breakdown of your relationship; and.

WHEN CAN husband file for divorce?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

How long do you have to be separated for a divorce?

An application for divorce requires that you have been separated for at least 12 months. You must be able to provide proof that you have been separated for 12 months. During this 12 month period it is common for separated parties to decide to re-connect and give their relationship another chance.