How to Find the Right Divorce Advocate in Delhi
Ending a marriage is not easy. It brings a lot of emotions, confusion, and stress. At this time, you need the right divorce advocate in Delhi who can guide you through every legal step and help you end your marriage in a peaceful and fair way.
A good divorce lawyer will listen to you, protect your rights, and make sure the process goes smoothly. They will help you with alimony, child custody, property division, and all other legal work in the Delhi Family Court.
Understanding Divorce in India
In India, divorce laws depend on your religion and the kind of marriage you have. The main laws are:
- The Hindu Marriage Act, 1955 – for Hindus, Buddhists, Sikhs, and Jains.
- The Special Marriage Act, 1954 – for people who had a civil or interfaith marriage.
- The Indian Divorce Act, 1869 – for Christians.
- The Dissolution of Muslim Marriages Act, 1939 – for Muslims.
If you live in Delhi, your case will go to one of the family courts in Delhi, such as Tis Hazari Court, Saket Court, Karkardooma Court, or Rohini Court.
A skilled divorce adovcate in Delhi will tell you which law applies to your marriage and guide you through every legal form and hearing.
Types of Divorce in Delhi
There are two main types of divorce: Mutual Consent Divorce and Contested Divorce.
This is when both spouses, partners agree to end the marriage peacefully. It is the fastest and simplest option.
Under Section 13B of the Hindu Marriage Act, both must live separately for at least one year before applying. In this case, both partners must agree on:
- Division of money and property
- Child custody or visitation
- Alimony or financial support
- Any other personal matters
A mutual consent advocate in Delhi will help you prepare and file the joint petition in court.
This happens when one partner does not agree to the divorce or when there are fights over money, children, or property.
Grounds for contested divorce include:
- Cruelty or violence
- Adultery
- Desertion (leaving without reason)
- Conversion to another religion
- Mental illness
- Renouncing worldly life
In this case, you need an experienced divorce advocate in Delhi to represent you, collect evidence, and fight for your rights in court.
New Legal Update: Bharatiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya Sanhita (BNS) replaced the old Indian Penal Code (IPC) in 2024. It does not change divorce laws directly but affects criminal matters linked to divorce, such as cruelty or domestic violence.
Now, under Section 86 of BNS, cruelty by a husband or his relatives is a punishable offence. Also, Section 75 covers dowry-related offences.
If your case involves these issues, your divorce advocate in Delhi will use these new laws to protect your rights and build a strong case.
Step-by-Step Divorce Process in Delhi
Here is how a divorce case usually goes in Delhi:
- Talk to a Divorce Lawyer: Meet an experienced divorce advocate in Delhi and explain your situation.
- Choose Divorce Type: Decide if it will be mutual consent or contested.
- File the Petition: Your lawyer will file the divorce petition in the Delhi Family Court.
- Court Notice: The court sends a notice to your spouse.
- Attend Hearings: Both partners attend hearings to present their side.
- Counselling: The court may ask for counselling to try to save the marriage.
- Evidence and Witnesses: In contested cases, proof and witnesses are presented.
- Final Decree: When the court is satisfied, it gives the divorce decree, legally ending the marriage.
In mutual consent divorce, there are two main hearings. The first is when the case is filed, and the second is after six months. The court can also remove this six-month gap if both partners truly agree to separate.
Important Judgments
- Shilpa Sailesh vs Varun Sreenivasan (2023)
The Supreme Court said that couples do not always need to wait six months for mutual divorce. If both agree and there is no chance of living together, the court can skip the waiting time.
- Rakesh vs Poonam (Delhi High Court, 2024)
The Delhi High Court said that both partners must agree freely for a mutual divorce. If any side is forced, the divorce is not valid.
These rulings show that courts now focus more on quick, fair, and peaceful settlements.
Alimony and Maintenance
Alimony means financial help given by one partner to the other after divorce. The court looks at things like:
- Income and property of both partners
- Standard of living during marriage
- Child’s needs
- Age and health of both
Your divorce advocate in Delhi will help you decide a fair amount and include it in the petition. In mutual divorce, both partners usually agree on the amount before going to court.
Child Custody in Divorce
If you have children, the court always thinks about their safety and happiness first.
There are three common types of custody:
- Joint Custody: Both parents share care and time with the child.
- Sole Custody: One parent takes full care of the child.
- Visitation Rights: The other parent gets visiting time.
A good child custody lawyer in Delhi will help make sure the child’s emotional and financial needs are taken care of.
How to Choose the Best Divorce Advocate in Delhi
Finding the right lawyer can make the process much easier. Here’s how you can choose wisely:
- Pick someone who has handled many divorce and family law cases.
- Make sure they have experience in Delhi Family Courts.
- Ask about their success rate in mutual consent divorce cases.
- Check their communication style and how clearly they explain things.
- Ask about fees and expected time frame before hiring.
You can search online for best divorce lawyers near me, read reviews, and book an online consultation.
Mistakes to Avoid During Divorce
- Don’t hide income or property from your lawyer.
- Don’t argue with your spouse in public or on social media.
- Don’t ignore court notices or dates.
- Don’t agree to settlements without checking with your lawyer.
Your family court lawyer will make sure you follow all rules and avoid these mistakes.
Common Questions
1. How long does a divorce take in Delhi?
A mutual consent divorce usually takes around 6 to 12 months. A contested divorce can take longer.
2. Can the six-month waiting period be removed?
Yes, if both sides agree and there is no chance of living together, the court can remove it.
3. What is the cost of a divorce advocate in Delhi?
It depends on your case and the court. It usually starts from ₹30,000 and can go higher.
4. What if my spouse doesn’t agree to divorce?
Then you can file a contested divorce under valid legal reasons.
5. Does BNS change divorce laws?
No, but it changes related criminal laws like cruelty and dowry.
6. Can I file for divorce online?
Your lawyer can file it online, but you still need to attend the court hearings.
7. Who gets custody of the child?
The court decides based on what is best for the child, not on gender or money.
Outlook
Divorce can be tough, but it is not the end. It is a step toward a calmer and happier future. The right divorce advocate in Delhi can make this process easier by handling the paperwork, representing you in court, and protecting your rights.
With expert guidance, you can start fresh and rebuild your life with peace of mind. Always choose a lawyer who values fairness, understanding, and professionalism.
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