Understanding Divorcee: Technically, it is Dissolution of Marriage. When you decide to Dissolve the Marriage there are 2 things you need to understand explicitly clear.
There are 2 Types of Divorce
- Dissolution of Marriage with Mutual Consent
- Dissolution of Marriage with Litigation
Dissolution of Marriage with Mutual Consent
This is the best of way of entering into Divorce and Departing with your partner, it is always suggestible that you should always strive to enter into Mutual Divorce, its with peace of mind.
How to enter Mutual Divorce
Prior to entering this Mutual Divorce, you need to settle all your disputes amicably such as:-
- Children and Custody
- Withdrawal of any Such Matrimonial Cases if any
- Exchange of Gold Jewellary
And you cannot keep any such issues pending.
Time Period Work
It is always depend upon the Time frame work of your separation , the more the time of separation more the chances of getting early divorce , the court had liberty to grant the divorce ranging from 6 Months to 1 Year as Mandatory Period which is known as “Cooling Period”.
Relaxation of Cooling Period
After the Judgment of Honable Supreme Court now you can even get the instant divorce with Waiver of Cooling Period , but it depends upon the Circumstances and it is the discretion of Court to consider your request.
- Time of Separation
- Number of Mediations and Counseling entered by the parties,
- Settlement of issues on Alimony, Children
- Settlement of all cases of 498-A and Domestic Violence if Any.
- Circumstances under which parties residing abroad or parties moving abroad.
Above all are directory situations and its is complete discretion of the Court. This Relaxation on mandatory time frame work is known as “Relaxation of Cooling Period” where application is filed with the Honable Court pleading to permit the Relaxation of Mandatory Period and court may permit the same depending the nature of exigency and pleadings addressed before court Professional Advice is suggested .
This type of Divorce should be Avoided
This is the most cumbersome process were litigation is filed in the Court levying allegations on each other , moreover it is in nature of tough fight between both the parties and , both of them had to suffer in Courts for long time litigating their matter.
This Divorce come with laying all sought of Allegations of Cruelty against each other and the party making such allegations had to proof the same before the Court leading the Evidence.
This Type of Divorce is painful to both the parties as they suffer defamatory allegations; their private life is exposed in Public laying all sought of insinuations.
This divorce really test your patience level and it come with the Heavy Cost and Un-Predictable Consequences
For any Litigation Divorce you need to engage expert Professional.
Always seek Professional Help