A contested divorce is the most expensive family case there is, because everything is disputed. Pleadings are filed, allegations have to be proved, witnesses are examined and cross-examined, and often there are parallel applications for interim maintenance, custody and the return of articles. In a contested matter, the fee is not one payment but a series of them across stages that can run for a long time.
FileX Advocates appears in contested divorce matters before the family courts in Kolkata and, on appeal, the High Court. This page explains how advocates charge for that work; the firm's published fees are on a separate page.
How a contested divorce is fought
A contested petition is filed on one of the statutory grounds in section 13 of the Hindu Marriage Act, 1955, such as cruelty, desertion, adultery, or the other grounds listed there. Under the Special Marriage Act, 1954 there is a separate scheme for marriages registered under that Act. Whichever applies, the shape of the litigation is the same:
- Drafting and filing the petition, with the grounds pleaded precisely and supported by an affidavit.
- Service on the other side, and the filing of a written statement and any counter-claim.
- Framing of the issues the court must decide, which fixes what has to be proved.
- Examination-in-chief and cross-examination of the parties and their witnesses.
- Final arguments, and the judgment and decree.
- Applications in between, such as interim maintenance, custody, or a direction to produce documents.
How advocates charge in Kolkata
- First consultation. A paid meeting to read the marriage certificate, the pleadings if any, the messages and documents you rely on, and to advise whether the ground you have in mind is one the court can act on.
- Per-hearing appearance fee. This is the standard model for contested matters, because no one can predict how many dates the case will take. You pay for each date the advocate attends.
- Stage-wise fees. A common alternative: a fee for the pleadings, a fee for evidence, and a fee for arguments. Each is payable when that stage starts.
- Fixed fee for defined tasks. Drafting the petition, drafting a reply to the written statement, or drafting an application for interim maintenance can each be priced separately.
- A retainer. Where there are several connected proceedings in different courts, a monthly retainer covering appearances may be agreed.
What is not the advocate's fee
- Court fees on the petition, which depend on the relief claimed and are governed by the court-fee schedule applicable in West Bengal; the current rate should be checked against that schedule.
- Process fees for issuing notice to the other side.
- Charges of a commissioner or an expert, if the court appoints one, and the cost of any valuation.
- Mediation centre charges, if mediation is referred.
- Photocopying and the cost of certified copies of orders and the decree.
- Translator's fees, and travel to a court outside the city.
- Amounts you pay to the other side under an order, such as interim maintenance or litigation expenses, which are not fees at all.
What drives the cost up or down
- The number of hearings. Contested evidence alone can take many dates, and every adjournment costs.
- Whether both sides are represented. Two sets of advocates means more applications and more argument.
- Number of witnesses. A case that turns on the parties' own testimony is quicker than one that calls relatives, doctors or bank witnesses.
- Interim applications. Each application for interim maintenance, custody or production of documents is separate work and can be appealed.
- Attempts at settlement. Negotiated settlements through mediation can end the case early and save a great deal, even if the mediation itself takes time.
- Appeals. An appeal against the decree or against an interim order is a fresh set of pleadings and hearings in a higher court.
- Whether the matter is transferred. An application to transfer the case to another court adds a stage.
Questions to ask before you engage an advocate
- On my facts, which ground under the Act can we actually plead and prove?
- Is the fee per hearing, per stage, or fixed for the whole case?
- What is your estimate of the number of hearings, and what happens if the case takes longer?
- Are interim applications such as maintenance or custody included, or billed separately?
- Who drafts the written statement if the case is defended against me, and what does that cost?
- Will you handle the appeal if the decree goes against me, and on what terms?
- What should I keep aside for court fees, process fees and certified copies?
Our published fees
We would rather you knew the structure before you instruct us, because a contested divorce is a long commitment. Our published consultation and appearance fees are set out on our pricing page, including how per-hearing work is billed. Ask for a quotation for a contested divorce case after we have seen the marriage certificate and the facts. Our guides cover the documents and stages, and you can contact us for an appointment.
Can I change my advocate in the middle of a contested case?
Yes. You are free to engage another advocate at any stage, and the new advocate applies to the court to take over the brief. Fees already paid for attended hearings are not usually refundable, so settle the terms in writing at the start.
Is a contingent fee allowed in a divorce case?
No. A fee that depends on the outcome, or a share of whatever alimony is awarded, is not permissible. Fees are for professional work regardless of the result.
Does losing an interim application mean I pay the other side's costs?
The court has discretion to award costs, and in family matters it often directs litigation expenses to be borne by one party. Whether that happens depends on the facts, so plan for the possibility without assuming it.