The primary role of any divorce lawyer is to help the spouses who want to file a divorce. The type
of mutually contested divorce will be decided according to the facts of the case. In mutual divorce
cases, lawyers will guide the spouses regarding child custody, maintenance; division of property,
The divorce process is very time-consuming and destroys the emotional and financial stability of any
person. People approach divorce and advocate for help in mitigating this. Generally, there are all
kinds of lawyers but for cases like divorce, separation, custody of children, etc.
The best lawyer in this field will help the client to understand the issue clearly and
make perfect arguments during the trial. Indian law lays down many confusing provisions under
different religions for divorce.
- A divorce attorney will explain the terms and reasons for the divorce to the party in detail. As
each state has its grounds for divorce, lawyers should be aware of them and help and guide
clients regarding the proper grounds
- The process involving divorce is emotionally painful and their lawyers tend to make it less
painful. At the same time, they often have to have conversations with clients regarding real
factors such as how their futures may be affected.
- One of the main responsibilities of a divorce attorney is to help clients divide their assets
equally and mutually. Many times a spouse is not aware of the other spouse's assets. A lawyer
can help them in that regard by gathering the necessary information and settling the property or
- A divorce Advocate will explain the concept of property division to the parties in detail.
- A key issue in any divorce is the debt settlement process. Many times spouses take joint loans.
Lawyers in this instance will help them analyze loan plans and help them plan how they can be
divided or waived for their clients.
- Lawyers will help their clients analyze whether they are entitled to privileges such as
maintenance or alimony from the other spouse. Many times spouses can inherit part of their
pension or social security if they have been married for more than ten years.
- A famous divorce lawyers will have the major responsibility of helping clients with child
custody as this is one of the main issues in any divorce case.
- A good lawyer will have the best negotiation skills. Because they will help the client to
resolve disputes regarding property, assets, possession, etc.
- The final and foremost role of any divorce advocate is to litigate the case before the court.
They have to prepare the best arguments to support and win the case.
- For this, whenever anybody wants to know about divorce cases consult a senior divorce Attorney
who has experience in divorce.
- Advocate of Divorce India will take care of all issues related to filing, fighting, and handling
cases in family courts and high courts concerning all the various divorce laws in India. They
help in filing maintenance, alimony, and child custody. They will assist the parties in filing
petitions and assist them in their defense under the Domestic Violence Act, 2005; Section 498
(A) of the Indian Penal Code and Section 125 of the Code of Criminal Procedure. They help
clients with their religion for divorce under Muslim laws, Hindu laws, and similar laws in
India. You can search on google for lady divorce lawyers near me
Description of Term Divorce as Per the Law
Divorce is also called dissolution of marriage as per section 13 of the Hindu Marriage Act, of
Any marriage, whether before or after the commencement of this Act, may, on a petition presented
by either the husband or the wife, be dissolved by a decree of divorce on the ground that the
According to the Oxford Dictionary, divorce means the legal termination of a marriage through a
court process. Simply put, divorce is the termination of responsibilities, duties, and
obligations to each other and their families.
Divorce is always considered harmful to their relationship and society. Divorce
can be done through various aspects but the best way to get a divorce is by mutual consent
divorce which will satisfy both parties with the help of a divorce lawyer.
Grounds of Divorce
Section 13 of the Hindu Marriage Act of 1955, provides for various grounds for divorce which are
When one of the spouses has consensual sexual relations with any person other than the spouse
during the marriage. It is a criminal offense punishable under Section 377 of the IPC.
There are two types of cruelty: physical and mental cruelty. Cruelty is one of the grounds by
which the aggrieved party may seek divorce.
It means the release of the other spouse from the bond of a marital relationship
without any reasonable cause for more than 2 years..
Divorce can be granted to the petitioning party if the other party has ceased to
be a Hindu by converting to another religion, for example, Muslim, Parsi, Christian, etc.
when the other party suffers from a mental or psychiatric disorder and finds it
difficult to recover
Divorce can be granted to the petitioner if the other party is suffering from
The respondent must be suffering from an infectious disease and not necessarily
transferred to the petitioner.
A spouse can divorce if the respondent has renounced the world and entered into
some religious order of Hinduism. A person who does so is considered a civilian dead.
Consultation with a Divorce Lawyer is an Important Thing
The judicial system is convoluted and hard to understand. With the rate of divorce
increasing in India, it is always wise to keep a lawyer in mind and you must get a divorce
Advocate the moment you feel a problem in your marriage.
Things happen during a divorce case that can change your life in many ways
especially psychologically and financially. You need a divorce attorney who is experienced
enough to take your case and a legal representative who has studied and practiced Advocate of
divorce will know all the intricacies of the Indian judiciary. The client has to go for the best
divorce lawyers Mumbai if they are localisms of Mumbai.
- Things to discuss when you talk to a lawyer about the consequences of a divorce
Divorce attorneys can and most likely will ask you when you go to talk to them.
Remember that you must answer all of these questions honestly to your lawyer if you want to win
the end of your claims.
1. What is/are the reason(s) for deciding to divorce.
2. Do you and your partner have any children together?.
3.What financial resources do you and your partner have jointly?.
4.What is your employment status?.
Your divorce attorney needs to know about your and your spouse's employment
situation before proceeding with the actual divorce process..
That's why your attorney will ask you the following questions to get as much
information as possible. They will ask you questions
(i) Is your employment consistent and secure? Is your partner's job consistent and
(ii) Where are you currently employed?
(iii) What is the name of your spouse's employer and where do they work??
(iv) What is your annual income? How much does your partner earn?
Bangalore is a city in India where the percentage of divorces is high. Therefore
divorce lawyer Bangalore can be seen in large amounts in there.
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Four Reasons Why Should Hire a Divorce Attorney
1. Legal Experts
Divorce can be confusing, so having a professional with you during this difficult
time in your life will provide you with security, safety, and confidence. They know the
courtroom and expected outcome of each type of divorce case.
2. Less Trouble
Divorce is one of the most traumatic times in a person's life, and it gets even
more complicated when children are involved. Having a divorce attorney with you will allow you
to take care of other important things in your life that require your full attention. A Senior
divorce lawyer will handle the complexities and intricacies of court cases for you.
3. Save Yourself From The Mess Of Documents
Any legal proceeding essentially involves a huge amount of paperwork that is
impossible for most people to understand. Lawyers are trained to reason through these documents
and see minute details that someone innocent in these situations might not notice. By hiring a
divorce attorney, you will save yourself from drowning in a sea of bureaucratic court files..
4. Speed Up the Process
The only thing worse than a divorce is a divorce that drags on forever. You want
the hair to grow as quickly and hassle-free as possible. For a consultation, you can go to the
exclusive divorce law firm near you. If children are involved, you'll want to get the process
over with as soon as possible, so they don't have to deal with everything that comes with a
Hence, once you decide to divorce your partner, the best thing you can do is
consult a divorce Attorney first and then proceed accordingly.
However, remember that your lawyer is only there to guide you, not to make
decisions for you. Never hide anything from your lawyer; It will benefit you at every stage.
Your attorney can do the best he can when you tell him every aspect of your divorce case.
For the divorce consultation, you can search for a divorce lawyer near me to find
out the best divorce near your place. As per the vision to date, the inclusion of women in this
field is seen to be higher.
Theories of Divorce in Law
There are three types of divorce doctrines by which we can apply for divorce
proceedings by lawyers of divorce. To get a divorce, one party must be guilty and the other
innocent. These theories are;
- Fault Theory
- Mutual consent theory
- Irretrievable breakdown of Marriage Theory.
1 Fault Theory
Under this theory, if either party commits a matrimonial offense, the other party
can obtain a divorce. Adultery, cruelty, and desertion are some marital crimes. In this, the
innocent partner has to prove the guilt or guilt of the other partner.
2. Mutual Consent Theory
In this, both parties have decided to come out of this relationship with mutual
consent. Divorce by mutual consent was introduced as a provision under the Hindu Marriage Act in
1976. It is a very simple method to get a divorce. A divorce lawyer also has very little effort
in these divorce cases.
3.Irretrievable Breakdown of MarriageTheory
This form of divorce was introduced as a provision under the Hindu Marriage Act in
1964. According to Section 13 (1) (1A) of the Hindu Marriage Act, a party may obtain a divorce
if cohabitation is not resumed for more than 1 year and the conjugal rights between the parties
are not restored. A broken marriage becomes impossible to repair or return to a normal life, and
the parties may divorce.
Importance of Divorce lawyer in Marriage Dissolution Cases
Contacting a lawyer is a better way to go through the divorce process than doing
it yourself. As a lawyer, you can be of great help in matters relating to your property, your
relationship, alimony, and child custody that you may not be able to handle without your
knowledge of the law. Firstly, the divorce attorney advises you to complete your necessary
documents like address proof of the spouse, marriage certificate if you have it, family details,
property owned by the parties, proof of separation for more than one year, and proof of
non-reconciliation or reunification.
Secondly, the custody of the child is given either to his mother or his father. If
one parent gets custody, visitation rights are awarded to the other spouse. Child custody is
governed by the Hindu Minorities and Guardianship Act, of 1956.
Frequently Asked Questions