Divorce: Costs, documents needed and steps involved

Whether you are opting for a mutual consent divorce or contesting it, there are a few things about both you should know.

In this story, ET Wealth, tell you about the steps involved, time taken, costs involved, documents you will need and so on.

Mutual Consent divorce	VS	Contested divorce
Section 13B of Hindu Marriage Act 1955	Sections under which it is filed	Section 13 of Hindu Marriage Act 1955
Filed jointly by husband and wife.	Petition filed	Filed only by one spouse since the other does not consent.
Husband, wife decide on maintenance, child custody, property and investments.	Decision-making	Lawyers mediate on all these issues.
No grounds required.	Grounds	Grounds include cruelty, adultery, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation, no resumption of cohabitation, and not heard to be alive.
Short duration (18-24 months)	Time taken	Time-consuming (3-5 years)
Single, common lawyer	Lawyer	Separate divorce lawyers

How much time does it take?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases. So in case of divorce by mutual consent, it usually takes 18-24 months.

In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

What is the cost involved?
The court fee is nominal at Rs 15, but the bulk is taken up by lawyer’s fees. While women can avail of free legal services by getting an advocate from the legal aid cell, private lawyers’ fee can vary from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and duration involved.
Advocates can charge on the basis of each hearing or as a lump sum on an annual basis. Women can also ask for litigation expenses from husband via court, but the amount granted by the court is usually less.

Which documents will you need?
Depending on the type of divorce, the court may ask for:

• Address proof of husband and wife.
• Details of professions and current earnings of husband and wife.
• Certificate of marriage.
• Information regarding family background.
• Photographs of marriage.
• Evidence to prove that the husband and wife have been living separately for more than a year.
• Evidence proving failed attempts at reconciliation.
• Income tax statements.
• Details of property and assets of the parties.
• Other documents too may be needed, depending on facts and circumstances of the case.

What are the steps involved?

• In Mutual consent divorce

STEP 1: First Motion involves joint filing of divorce petition.
STEP 2: Husband & wife appear before court to record statements after filing of petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.
STEP 6: Filing of Second Motion is done within 18 months of First Motion.
STEP 7: Decree of divorce passed by the court.

• In Contested divorce

STEP 1: Filing of petition by the husband or wife.
STEP 2: Court issues summons and seeks reply from the other spouse.
STEP 3: Court may suggest reconciliation.
STEP 4: Examination and cross-examination of witnesses and evidence.
STEP 5: Counsels for both parties present final arguments.
STEP 6: Decree of divorce passed by the court.