Divorce Lawyer Kolkata

General Divorce FAQs

1. What is the difference between mutual and contested divorce?
A mutual divorce is when both spouses agree to end the marriage amicably, while a contested divorce occurs when one spouse does not agree to the divorce, and legal grounds must be proven in court for separation.

2. How long does the divorce process take in India?
The timeline varies. Mutual divorce typically takes around 6–12 months, while contested divorce cases can take years depending on the complexity and court schedules.

3. What are the main steps in the divorce process?
Divorce generally involves filing a petition, hearings, mediation (if applicable), evidence submission, and a final decree. Each case may vary depending on whether it's mutual or contested.

4. Can one spouse refuse to grant a divorce?
Yes, in a contested divorce, one spouse may not agree, which requires the other spouse to prove grounds for divorce in court.

5. Is it necessary to hire a lawyer for a divorce?
While it's possible to file without a lawyer, divorce cases often require legal expertise, especially in contested cases, to ensure proper representation of rights.

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Mutual Divorce FAQs

1. What is a mutual consent divorce?
A mutual consent divorce is where both parties agree to the separation terms, including asset division, custody, and alimony. It’s often quicker and less contentious than contested divorce.

2. How long does it take to get a mutual divorce in India?
Typically, mutual consent divorce takes 6–12 months, depending on the court’s schedule and mandatory cooling-off period of six months.

3. What are the conditions for mutual divorce?
Both spouses must have lived separately for at least one year and mutually agree that the marriage cannot be continued.

4. Can child custody be resolved in a mutual divorce?
Yes, child custody, along with maintenance and visitation rights, can be agreed upon by both parties in a mutual divorce.

5. Is mutual divorce more affordable than contested divorce?
Yes, mutual divorce is generally less expensive as it involves fewer court appearances, quicker resolutions, and minimized legal fees.

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Contested Divorce FAQs

1. What is a contested divorce?
A contested divorce is when one spouse does not agree to the divorce or its terms, requiring the other spouse to file a petition on specific grounds such as cruelty, desertion, or adultery.

2. What are valid grounds for contested divorce in India?
Grounds include cruelty, adultery, desertion, mental disorder, conversion of religion, and communicable disease, among others.

3. How long does a contested divorce case usually take?
Contested divorces can take several years due to the court process, evidence gathering, and hearings.

4. Can a contested divorce be converted into mutual consent divorce?
Yes, if both parties eventually agree on the divorce terms, a contested case can be converted into mutual divorce.

5. What evidence is required for a contested divorce?
Evidence varies but can include witness statements, medical reports, financial records, and other documents supporting the claims for divorce grounds.

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Maintenance FAQs

1. What is maintenance in the context of divorce?
Maintenance is financial support provided by one spouse to the other after separation or divorce, ensuring that the spouse without a stable income is supported.

2. Who can apply for maintenance?
Under Indian law, either spouse can apply for maintenance, though it’s commonly sought by the financially dependent spouse.

3. How is the amount of maintenance decided?
The court considers factors such as the income and lifestyle of both parties, needs of the spouse seeking maintenance, and any dependents.

4. Can a husband claim maintenance from his wife?
Yes, if the husband is unable to support himself and the wife is financially independent, he can claim maintenance.

5. Is maintenance applicable only after divorce?
No, interim maintenance can be granted during the divorce process to ensure financial support for the spouse in need.

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Alimony FAQs

1. What is alimony, and how is it different from maintenance?
Alimony refers to a lump-sum payment or long-term financial support after divorce, while maintenance is usually monthly support during and after divorce proceedings.

2. How is alimony calculated?
The court examines the duration of the marriage, income of both spouses, lifestyle, and health status to determine an alimony amount.

3. Can alimony be paid in a lump sum?
Yes, alimony can be a one-time lump-sum payment, or it can be structured as monthly payments.

4. Is alimony applicable to both men and women?
Yes, both spouses can request alimony if they are financially dependent, though traditionally it’s often sought by women.

5. Can alimony orders be modified post-divorce?
Yes, alimony can be modified if there is a significant change in circumstances, like a loss of income.

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Child Custody FAQs

1. How is child custody decided in a divorce?
The court considers the best interests of the child, including stability, health, and emotional needs, while awarding custody.

2. What is the difference between physical and legal custody?
Physical custody refers to where the child lives, while legal custody gives a parent the right to make decisions on behalf of the child.

3. Can both parents get joint custody?
Yes, courts can grant joint custody, allowing both parents to share responsibilities and time with the child.

4. Can custody arrangements be modified after the divorce?
Yes, custody arrangements can be changed if there are substantial changes in circumstances that affect the child’s welfare.

5. What are the rights of non-custodial parents?
Non-custodial parents have visitation rights and the ability to participate in decisions related to the child’s upbringing, depending on the court’s order.

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Property Division FAQs

1. How is property divided in a divorce?
Property is divided based on the contribution of each spouse, but this division can be mutually agreed upon in a mutual divorce.

2. What is marital property?
Marital property includes assets acquired by either spouse during the marriage, which can be subject to division upon divorce.

3. Do inherited assets count as marital property?
No, assets inherited by one spouse are typically considered personal property and not subject to division.

4. Is the division of assets always 50-50?
Not necessarily. Courts aim for a fair distribution based on each spouse's contribution, not necessarily an equal one.

5. What happens to jointly owned property?
Jointly owned property may be sold, with proceeds divided, or one spouse may buy out the other’s share.

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Domestic Violence and Abuse FAQs

1. Can domestic violence be grounds for divorce?
Yes, domestic violence, including physical and mental abuse, is considered cruelty and is grounds for divorce.

2. What evidence is required to prove domestic violence in court?
Evidence can include medical reports, witness statements, police complaints, and photographs of injuries.

3. How can one protect themselves during a divorce if abuse is involved?
A protection order can be requested from the court, and a spouse can seek shelter and support through legal channels.

4. Can a spouse file for divorce if they are being mentally abused?
Yes, mental cruelty is a valid ground for divorce and can be supported with evidence like text messages, emails, and witness statements.

5. Can restraining orders be issued during a divorce?
Yes, restraining or protection orders can prevent an abusive spouse from contacting or approaching the victim.