Ending married life is not an easy one, it is very complicated and stressful. Most divorce cases come under uncontested or contested. In an uncontested divorce, both parties mutually accept all the terms and in a contested divorce, both parties don’t mutually accept it. As a skilled divorce lawyer in Delhi, Rajal Rai Dua combines professional experience with practical legal insight to support his clients. Our team at Dua’s & Dua’s Advocates & Consultants provides continuous guidance and support, starting from the initial court appearance right through to the concluding order
Uncontested Divorce Guide
In an uncontested divorce, the couple reaches an agreement on issues like alimony, custody of children and division of assets. Compared to contested cases, it takes less time to complete. Low legal fees because few court proceedings only happen and are less stressful. Court hearings are minimal, mostly paperwork only. The role of the advocate is also to review documents, check if they are in agreement or fair and file paperwork. Our advocate, Rajal Rai Dua, the best divorce lawyer in Delhi, can guide you with your uncontested divorce.
Documents for Uncontested Divorce
Preparing proper documents for the uncontested divorce makes the divorce process fast and smooth. At Dua’s & Dua’s Advocates & Consultants, our team guides you on what the documents required for you to submit to the court are.
- Marriage Certificate: Proof of Marriage Certificate, Photos
- Address Proof: Aadhar Card, Passport or Voter ID
- Photographs: Both parties’ passport-size photos
- Mutual Consent Affidavit: Signed agreements of both parties agreeing to the divorce.
- Settlement Agreement: Details how property, alimony and child custody will be handled between spouses.
- Income proof: If alimony is involved, submit a bank statement.
Contested Divorce Disputes Explained
In contested divorces, spouses are unable to reach an agreement on key issues such as property, alimony and custody of children. When the court can decide and dispute it.It is a longer process compared to uncontested divorce. High legal fees because of more court proceedings. Multiple court involvements happened. Where lawyers represented in court submit evidence, documents and arguments to the judge for a fair decision. At Dua’s & Dua’s, our Advocate Rajal Rai Dua, a divorce attorney in Delhi, guides our clients through contested divorce, ensuring their rights are protected and the process is as smooth as possible.
Documents for Contested Divorce
Filing a contested divorce, the court required detailed documentation to support each couple’s claims. Contested divorces demand strong evidence and legal papers.The following documents are typically needed for contested divorce:
- Marriage Certificate: Proof of your valid marriage, like photos and certificates.
- Address Proof: Submit one address proof like a voter ID or passport.
- Photographs: Both parties’ passport-size photos.
- Income Proof: If alimony issues happen, submit bank statements and salary slips also.
- Property Documents: Property division disputes mean submitting the land and house ownership papers.
- Child-related Documents: For custody-related matters, submit the birth certificate and school records also.
- Communication Records: WhatsApp chats and call records help to prove any harassment, cruelty or adultery.
- Medical Records: Proof of abuse, mental illness or other health issues.
Filing Uncontested vs. Contested Divorce
1. Uncontested Divorce (Mutual Consent)
Step 1: Mutual affidavit: Both parties sign the affidavit and confirm they agree to divorce.
Step 2: Petition Filling: File the mutual petition in the family court.
Step 3: First motion hearing: The court notes their presence and records their consent.
Step 4: Cooling-off Period: The court grants a mandatory 6-month waiting time for both parties to reconsider their decision.
Step 5: Second motion hearing: Record the final affirmation in the court.
Step 6: Divorce Decree: The court issues the final divorce order to the couple
2. Contested Divorce (Disagreement Cases)
Step 1: Petition Filing: The petitioner submits a divorce petition before the court, stating valid legal grounds such as cruelty, harassment, adultery or desertion.
Step 2: Summons Issued: The court sends the notice to the respondent to appear.
Step 3: Response Filing: The responding spouse submits their reply or counter-petition.
Step 4: Evidence Submission: Communication proof and documents should be submitted.
Step 5: Court Hearings: Involve several hearings and cross-examinations.
Step 6: Legal Arguments: Attorneys from both sides present their arguments before the judge.
Step 7: Final Order: The court passes the final decree along with terms.
Choosing the Right Path Forward
The divorce process is more stressful without being in the right guidance, and your stress is less. Advocate Rajal Rai Dua, a divorce lawyer in Delhi, we are protecting our clients’ rights and giving the proper legal support. At Dua’s & Dua’s Advocates & Consultants, we handle divorce matters with a balance of legal expertise and real understanding of what families go through. From petition filing to the final judgement, our team provides full support for your divorce case.
