Areas of Expertise

1. Arranging Child Custody
2. Contested Divorce
3. Uncontested Divorce
4. Documentation
5. Settlement Counselling
6. Second Opinion
7. Divorce Lawyer Fees
8. Significant Causes to Acquire Divorce
9. Credentials Needed to File for Separation
10. Indian Laws for Divorce Based on Various Religions
11. New Divorce Rules

Arranging Child Custody

Child custody in India is governed by the personal laws of the parents and the Guardians and Wards Act, 1890. The court’s primary concern is the child’s welfare.

Types of Child Custody in India:

• Joint Custody: Both parents share equal responsibility for raising the child. While they may live separately, both have regular access and involvement.
• Sole Custody: One parent has full responsibility for the child’s upbringing. The other may get visitation rights but holds no legal authority.
• Third-Party Custody: The child is placed in the care of a third party (e.g., grandparents) when neither parent is deemed fit for custody.

Key Factors Courts Consider:

• Age and specific needs of the child
• Child’s preferences (if mature enough)
• Financial capacity of both parents
• Their living situations
• Emotional and psychological impact
• Past incidents of abuse or violence

If parents can't reach an agreement, the court will decide after evaluating all relevant aspects in a formal hearing.

Contested Divorce

A contested divorce occurs when spouses disagree on key aspects of their separation—such as asset division, child custody, or support. These cases usually require a court hearing, where a judge resolves the disputes. Compared to uncontested divorces, contested ones are often more costly, lengthy, and emotionally stressful due to disagreements over sensitive matters.

If you’re considering this route, it’s essential to consult a divorce lawyer. They’ll guide you through the legal process and advocate for your rights in court.

Common reasons for a contested divorce:

• Disagreement over the grounds for divorce
• Conflict over division of property
• Disputes regarding child custody or support
• One spouse opposes the divorce
• One party attempts to delay proceedings

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major terms—such as property division, child custody, and support. It’s generally faster, more affordable, and less emotionally taxing than a contested divorce.

Requirements for Uncontested Divorce in India:

• The couple must be legally married for at least one year
• Both parties must agree on all terms
• A joint petition for divorce must be filed
• Both spouses must appear in court for finalization

Process:

1. File a joint divorce petition
2. Court may suggest mediation
3. If settled, both sign a mutual agreement
4. Court conducts a final hearing to grant the divorce

Documentation

Why Documentation Matters in Divorce

• Clarify finances: Understand income, expenses, assets, and debts.
• Support your claims: E.g., prove the other parent's income for child support.
• Negotiate effectively: Approach settlements with stronger evidence.
• Protect yourself legally: Build a solid case if the matter goes to court.

Common Documents Required:

• Marriage certificate
• Financial records (bank statements, tax returns)
• Property documents (deeds, mortgage papers)
• Debt records (credit cards, loans)
• Childcare bills and receipts
• Medical bills and prescriptions
• Employment proof (pay stubs, W-2s)
• Communication records (texts, emails, letters)

Settlement Counselling

Settlement counselling involves a neutral third party helping two sides resolve a dispute. It’s commonly used in divorce, civil cases, and business disagreements.

The counsellor first clarifies each party's position and interests, then guides them to reach a mutually acceptable solution using methods like mediation, negotiation, or brainstorming.

This approach can avoid court, saving time, costs, and stress—while preserving relationships.

Benefits of Settlement Counselling:

• Saves time and money compared to lengthy court battles.
• Preserves relationships by promoting cooperative resolution.
• Offers more control, as outcomes are agreed upon rather than imposed by a judge.

Second Opinion

A second opinion in divorce is when you consult another attorney to get their perspective on your case. It’s helpful if you're unsure about your current attorney’s advice or want a fresh legal viewpoint.

You might seek a second opinion for these reasons:

• You have doubts about your current attorney’s advice or case handling. A second opinion can bring clarity.
• You want a different legal perspective. Another lawyer may offer new insights into your case facts and legal options.
• You need reassurance before making key decisions. A second opinion boosts confidence in your approach.

Divorce Lawyer Fees

It’s important to note that divorce lawyer fees may vary based on factors like case complexity, the lawyer’s experience, and location. Speak to a Sperso Filings expert to learn more!

Significant Causes to Acquire Divorce

There are several reasons why couples choose to end their marriage. Some of the most common include:

• Infidelity
• Communication issues
• Financial stress
• Different values or life goals
• Growing apart
• Domestic violence
• Addiction
• Mental health challenges

Credentials Needed to File for Separation

The documentation needed to file for separation in India may vary by state or territory. However, commonly required documents include:

• Marriage certificate
• Identity proof for both spouses (e.g., passport or driver's licence)
• Address proof for both (e.g., utility bills or rent agreements)
• Financial records (e.g., bank statements, tax returns)
• If children are involved, birth certificates and school records related to their care.

Indian Laws for Divorce Based on Various Religions

Divorce laws in India differ based on the religion of the individuals involved. Below are the general laws applicable to major religions:

• Hinduism: Hindu Marriage Act, 1955
• Islam: Muslim Personal Law (Shariat) Application Act, 1937
• Christianity: Indian Divorce Act, 1869
• Sikhism: Sikh Marriage Act, 1909
• Judaism: Jewish Personal Law

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