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Divorce Lawyer & Their Expertise

Divorce Lawyer near me

A divorce lawyer plays a vital role in matrimonial laws. They are the class that brings justice to matrimonial offenses. The matrimonial disputes are these days raising to such an extent that courts are overloaded with the matters.

Divorce is unknown to Indians in primitive times, you will find no hind equivalent word of divorce, whereas in Urdu ‘Talak’ stand for divorce. Among Indians, marriage is considered the enteral union of two souls.

Marriage is taken as the sacramental ceremony that one in Grihastha ashram must perform. The literal meaning of the word ‘Grihastha’ is being occupied with a house, or family. This is considered the second phase in the individual life.

What Aspects Covered by Divorce Lawyer in Family Matter?

Lawyer divorce has a significant role to play in a family matter. Whenever any person is disturbed because of matrimonial problems he /she must go and visit them. 

Their role starts right from when somebody approaches for Divorce Lawyer consultation to the end of the dispute. Meaning he /she will give you advice on your matter like what you should do and what not. They will prepare your case for preparation before the court of law.

All the drafting of the document, filling, preparation of evidence, arguments, cross examinations, etc. everything will do by the lawyer for his /her client. Lawyers are the administrators of law that why they are called officers of the court.

Divorce lawyer gives, a legal point of view on the matter put before them, and sometimes they do encourage settlement of the matters by pacific resolution of the matters. Because each matter is not made for divorce some have chances of reconciliations for parties.

Is There Uniform Divorce Law in The Country?

There are so many religious groups in India, every religion is run according to the rules and relegations of their script. It is not an easy process to bring all the religious groups under one roof, although demand is having been raised by some elite groups of society from time-to-time bases, till now there is no such uniformity in the perspective of religious groups, so it very controversial topic in nature.

Many public interest litigations have been filed in the apex court of the country for bringing uniformity in personal laws and for regulating the concept of marriage, divorce, maintenance, and alimony. 

The directive principle of state policy does talk about a uniform civil code, still, it is in the first stage of the process. We still trying to initiate negotiations on this topic recently the supreme court asked the central government of India about its stand on a uniform civil code.

What Kind of Matter Divorce Lawyer Takes?

The lawyer who had decided their services, special in the matrimonial suits do prefer cases about a matter that falls in the family law jurisprudence. All the matters whether of divorce, child custody, maintenance, alimony, matrimonial offense such as cruelty, restitution of conjugal rights, desertion, etc.

They usually do not restrict themselves to in sphere, they use it to explore the branches within the family and matrimonial jurisprudence. They do provide consultation services in offline and online modes.

The whole process of obtaining the divorce is very time-consuming and it can drain the individuals not only financially but physically and emotionally too. Divorce lawyer India takes cases that deal with all religious groups, the provisions of laws somehow differ from each other on divorce and its grounds.

Roles & Responsibilities of Lawyers of Divorce –

The major role is helping their client file the suit in appropriate matters.

  • What kind of matter is going to be mutual or contested will be decided according to the facts of the matter?
  • In cases of mutual consent divorce, the lawyer will help the spouses in mutually deciding the distribution of assets.
  • Divorce advocate will guide the partners about the laws on child custody, and welfare laws on them.
  • He will help his/her client understand the ground of divorce.
  • They help people understand real-life situations, and how divorce going to affect them.
  • In case spouses had taken debt jointly, the lawyer will help them understand and analyze the debt scheme, how they can divide it, and get themselves mutually out of the situation.

Consultation of Divorce Lawyer India–

Although India is considered a country with a small rate of divorce as compared to western countries. The statistical figures say that only one percent of married couples in India get divorced according to an article published in the Deccan Herald on 26 May 2021.

Whereas Divorce Lawyers Consultation hold the opinion that the cases regarding family matters, matrimonial offenses, and divorce are on increase. There are many social taboos are associated with divorce people in our country. The various aspect of divorce is not clear here in India. Most people try very hard to sustain their unhappy married lives.

There concepts like prenuptial agreements between spouses are quite common in developed countries, but in the Indian scenario, they are not quite famous, and people do not look up this in a good way.

Divorce lawyer fees vary in different parts of the country, they use to charge according to the regard of the matter and their expertise in the field.

Law Firms & Their Roles –

The firms are founded by lawyers, and advocates to give their services in the field of law. By coming together under one roof and one name used to provide expertise to people in need.

Partner in the firm shares the liabilities and profits. Firms use to engage other lawyers, and advocates to work with them or work for them as associates, and trainees. The area of work of the firm can be exclusive like some big law firms deals with cooperating houses only.

The area of work of them is wide they usually do not restrict them, it all depends upon the specialization and work culture of the firm, for instance, there can be an exclusive divorce law firm. Some famous divorce lawyers do have their firms.

A Glance at Divorce Rules in India of 2022

Divorce brings an end to the marriage legally. Where belief in the concept of marriage is now a day has been getting modified with time. There is the law on divorce also needs modifications according to changing circumstances. 

The government of India had brought new rules for divorce, the rate of divorce is quite low globally but nationally it’s been on increase, because the mind-set of people is get changed, and now they are hesitating to bring the tries of marriage to an end.

The courts use to engage the parties for reconciliations in most divorce suits where chances are there.  The divorce law is very wide and comprehensive, with many elements involved there, some cases become very complex and take years to get settled, the duty is also cast on the divorce lawyer to guide their guide appropriately and sincerely.

Rules of 2022 –

Period of Six Months Made Discretionary

Section 13B (2) when individuals move the court for divorce by mutual consent, the court gives them the time of six months for reconsideration of thought of divorce. This is mandatory for the obverse. The purpose of this is to save the marriage. After the end of the period, you can reunite or decide to divorce.

Now by new rules, this period of mandatory is declared to be of discretionary power of the court. The court will according to the circumstance and facts of the matter decide on this period of six months.

  • Irretrievable Breakdown in Marriages

When someone releases that he/she cannot continue with the matrimonial tries he/she can file a petition of divorce after finding a divorce lawyer near me in a search engine such as Google, or you can also find the lawyer physically very easily.

Where there is a breakdown of marriage to such an extent that it cannot be repaired, in that case, the court has the power to allow the end of the marriage.

  • Maintenance Law Extended to Live in Relationship

The inappropriate case the courts allows maintenance to the individual so that he/she can have a life of the -same standard even after the divorce. The petition for maintenance can be filed under section 125 of the CRPC.

In Indian live- in- relation are considered at par with marriage in the eye of the law.  Therefore, if a woman is in live she can claim maintenance from her partner. Because if people are living under the same roof for a very long-time people considered them husband and wife there is no need to proofing the marriage strict sense.

She is eligible to claim maintenance under the protection of women from the domestic violence act of 2005 or section 125 of CRPC. Women can take the help of a lady divorce lawyer near me /you in case.

Adultery is not a criminal offense –

Adultery is a civil offense now, there is no reason for punishing the spouse for adultery to save the institution of marriage, instead, you can make it the ground of divorce.

Triple Talaq No Divorce

Among Muslims saying the word talaq three times can bring the marriage to end. This arbitrary power in the hand of Muslim men, to bring justice to women, Supreme court of India considered this as unconstitutional and therefore this way of talaq is no divorce in the eye of the law.

Personal laws are not above the civil courts of the country –

If some religious institutions allow divorce to people such as Christian churches or any provision of personal law which is not by law of the land, then such divorce is considered invalid., is the leading platform for legal services, Book your Consultation now.