The fact that India has the lowest divorce rate does not change the fact that thousands of divorce petitions are filed and fought in courts across the country every day. Television shows and isolated horror experiences on a Q&A or social media platform can shake one’s faith in a lawyer, forcing people to stay in a bad marriage rather than hire a divorce lawyer and go through the legal process.
The most frequently asked question by divorcing couples is, “Can a divorce be filed without a divorce lawyer?” It has become a common belief that divorce lawyers charge exorbitant fees and that it is preferable for divorcing couples to fight their cases without the assistance of a divorce attorney.
The first thing that any divorce lawyer does is talk to his or her clients in order to understand the facts and reasons behind a couple’s decision to divorce. The divorce lawyer in Delhi NCR will then recommend the best divorce method for the couple, allowing them to end their misery quickly and without unnecessary legal wrangling.
Depending on the grounds for the divorce, the divorce lawyer will advise the couple to pursue a mutual divorce or a contested divorce.
In the case of mutual consent divorce in India, the husband and wife have reached an agreement on the terms and conditions of their divorce and wish to end their marriage on mutual divorce grounds in order to separate. The husband and wife reach an amicable agreement regarding maintenance/alimony to be paid to the wife, custody of any child born from that marriage, and the division of property owned jointly by them.
Instead of hiring separate lawyers, the divorcing couple handles the divorce proceedings together. Without the assistance of a divorce lawyer who balances their interests, the divorcing couple may end up disagreeing on certain terms or one spouse may have an advantage in the divorce proceedings.
In a contested divorce, one spouse initiates divorce proceedings against the other. In the case of a one-sided divorce, a divorce petition can be filed on the basis of the various grounds for divorce outlined in India’s divorce laws. To avoid any conflicts of interest, the husband and wife hire separate divorce attorneys to represent their respective sides in court.
A divorce lawyer’s role would be to first suggest the proper ground on which the one-sided petition could be filed, then draught a divorce petition and file it with the appropriate court. The divorce lawyer will not only handle the divorce petition, but will also file or defend the maintenance petition, child custody petition, and any disagreements regarding asset division. Without the assistance of a divorce lawyer, the spouse may be unaware of their child custody or maintenance rights.
Although Indian law allows a person to represent his or her own interests, it is mandatory that a civil matter be represented by a person who is a lawyer by profession.
Due to the legal implications and formalities involved, getting a divorce without a lawyer in India is nearly impossible, and hiring a divorce lawyer early on is in the best interests of a divorcing spouse. In India, a lack of proper consultation by a divorce advocate may tilt the odds in favor of the person seeking a quick divorce