#divorce lawyers in Gurgaon

[familykanoon]

Cases When Court Rejects Divorce Argument

Divorce can be applied in two ways- either mutual or contested. In either case, the petition is filed in the court, and the same is presented before the judge for obtaining a judgment for the same. In case of mutual divorces, the background of the case and mutual consent of both parties are verified by the judge, and they are also given a chance for reconciliation if required. Further, if the judge feels satisfied with the plea, the couple is granted a divorce decree.

On the contrary, in contested divorces, when both parties fail to come to a mutual decision, the judge has the sole right to pass judgment, taking into account the severity and background of the case. However, in both cases, the judge also has the right to reject the divorce plea for different reasons. But on what grounds can your divorce plea be rejected? How can you prevent your divorce plea from being rejected? Read on to find it out yourself:

Custody Conflicts

Divorce cases in which children are involved mostly witness disagreement in custodial concerns. As a result, the children become innocent victims of the separation of their parents. Many times, in the urge to part ways with each other, the couple tends to forget the wellbeing of their children and how their separation can impact innocent minds. In such cases, the court can reject your divorce plea when matters relating to child custody and their wellbeing are unsolved.

Dishonest Consent

In mutual divorces, both partners should agree to divorce. However, there are cases in which one of the partners is forced to give their consent or consent is obtained using fraudulent practices. In such instances, if the court comes to know about such malpractice, they can dismiss the divorce petition.

Inadequate Document Submission

Indian courts adhere to a particular format and procedural framework for applying for a divorce. Thus, it becomes necessary for the applicant to abide by all the procedural codes and be in possession of all the necessary documents required. In case of faulty submissions, missing documents, and procedural errors, your divorce plea is prone to be rejected.

To save yourself from such improper filing, it is always a good idea to consult a divorce lawyer and discuss your case with them so that they can assist you in filing the divorce along with the necessary documents. They can also help you navigate the divorce procedure with ease as they are well aware of the procedural requirements and mistakes that can cause rejection.

Unproven Contested Divorce

Under Hindu Law, an individual has the right to file for a divorce even when their partner is unwilling to give their consent for the same. In such a case, when a divorce is filed, but the applicant cannot prove the same by providing the necessary evidence and documents, the court may reject such a divorce plea.

Maximize Your Chances of Plea Acceptance: Seek Legal Assistance From Family Kanoon Lawyers in Gurgaon!

People get married to each other with the notion of living together forever, but not every marriage achieves such a milestone. There may be various reasons for which a couple may consider parting ways for good. In such a situation, when you cannot cohabit together and feel separation is the only solution without facing any divorce plea rejection and other hassle, Family Kanoon Divorce Lawyers in Gurgaon can assist you in all aspects. We have well-qualified and experienced lawyers in our team who can cater to the intricacies of your divorce and expedite the process for a successful resolution.

Our expert divorce advocates in Gurgaon can provide you with the best defense for your divorce and maximize the chances for successful divorce plea acceptance. So, what do you wait for? Schedule an appointment with us now, and let us help you get closer to your marriage dissolution when you no longer wish to live with your partner!

[vrassociateslawfirm]

Divorce Lawyers in Gurgaon, Top & Best Divorce lawyers in Gurgaon - VR Associates Law Firm +91–8929580555

Divorce lawyers in Gurgaon at VR Associates Law Firm provide exceptional legal support tailored to the sensitive nature of divorce cases.

With a reputation built on discretion and respect, our firm understands that each client's situation is unique, requiring personalized attention and expertise.

Our experienced team adeptly navigates various scenarios such as contested divorces, mutual consent divorces, and NRI divorces, ensuring that all aspects of your case are meticulously handled.

From initial consultations to courtroom representation, we prioritize clear communication and strategic planning to empower clients during what can be one of life’s most challenging transitions.

At VR Associates Law Firm, our commitment extends beyond mere legal assistance; we strive to offer compassionate guidance that takes into account not just the legal implications but also the emotional toll involved in divorce proceedings.

Contact Us — VR Associates Law Firm

Address: Office : C-416 FF Sushant Lok-1 Gurgaon

Call: +91–9667714993, +91–8929580555

Visit: https://www.vipinraina.com/divorce-advocate-gurgaon-delhi-ncr.php

[leadindia011]

As provided under the Hindu Marriage Act, 1955, both the husband and the wife have a right to have their marriage dissolved by a decree of divorce on the grounds mentioned under Section 13. When a divorce is applied for by only one party, it is called a contested divorce.

[top-divorce-lawyer]

How Long Is The Waiting Period For Divorce In India ?

As provided under the Hindu Marriage Act, 1955, both the husband and the wife have a right to have their marriage dissolved by a decree of divorce on the grounds mentioned under Section 13. When a divorce is applied for by only one party, it is called a contested divorce. But sometimes the couple agrees that they are unable to continue with their marriage and files a joint petition for the dissolution of their marriage, as has been provided under Section 28 of the Act of 1954. It is known as the divorce by mutual consent. For further information on the subject, it is advised that you seek legal advice from an experienced divorce lawyers in gurgaon.

To apply for a divorce petition either against your partner or by mutual consent, the first and foremost step you have to take is to appoint a divorce lawyer in Noida or in the city you are residing in. It is most important that you understand the grounds for divorce, the procedure for divorce, or any other law related to divorce law, which could be explained by an experienced divorce lawyers in ghaziabad or the area where you are filing for divorce.

Conditions provided under Section 13-B of the Hindu Marriage Act

The couple shall live separately for one year or more.

They are unable to continue living together.

Both husband and wife have agreed that their marriage can’t be continued and have decided mutually to go their separate ways. Under these circumstances, a divorce by mutual consent could be filed.

Where to file for divorce

The petition for divorce from the partner may be submitted in

The court where the couple last lived

The court whose jurisdiction the marriage was solemnised under

The court where the wife is residing at present.

Procedure for divorce by mutual consent

To file the petition

Firstly, a joint petition for the dissolution of marriage has to be presented by both parties to the family court. The grounds for filing the petition could be that the couple has jointly decided to dissolve their marriage and has been living separately for at least a year.

II. Inspection of the Petition

After the petition has been filed, the parties have to appear before the family court.

The parties shall be represented by their respective lawyers.

The petition and the documents shall be observed by the court.

The Court could attempt reconciliation among the spouses; however, if there is no possibility for reconciliation, the matter shall be forwarded for divorce proceedings.

III. Recording of statements

After the court scrutinizes the petition, it shall order the statement of the parties on oath.

IV. First Motion and the period of 6 Months

After the statements are recorded by the court, the order for the First Motion will be passed by the Court.

A period of six months will be ordered by the court for the parties to cool down and to decide again about the matter of the divorce with a calm mind, after which, if they wish to still continue with the divorce, they can file for a second motion.

From the date on which the divorce petition was filed, a maximum period of 18 months will be provided for filing a second motion.

V Second Motion and final Hearing

If the parties have chosen to proceed with the divorce, they can show up for a second motion, which might start the process for the final hearings.

The Supreme Court recently held in a judgment that the period of six months could be waived off in case the parties have mutually decided to part ways and are living separately for some time.

Therefore, if the parties have settled their differences, such as the custody of the child or any other issue between the parties, including the financial settlements, etc., the period of 6 months can be waived.

Or when the court is of the opinion that forcing a six-month waiting period would only prolong their suffering, the period of six months can be waived off.

VI Decree of Divorce:

In a divorce by mutual consent, the most important condition for the parties is that they must provide their consent and there will be no difference in opinion on the matters related to the issues, including custody of child, alimony, maintenance, etc. Hence, the agreement between the partners must be there in relation to the dissolution of marriage.

If the court is satisfied that there is no possibility of reconciliation between the parties, it can pass a decree of divorce and declare the dissolution of marriage.

Divorce is as important a decision as marriage. Therefore, before taking the ultimate step, it is advised to seek the opinion of an experienced divorce lawyer in Hyderabad.or the city where you are opting to file your case, so that you will be aware of what you are getting into and what the different options are available to you as provided by the law.

Lead India offers you a team of experienced lawyers who have been successfully dealing with cases involving divorce, matrimonial issues, child custody cases, etc. Hence, if you wish to talk to a lawyer or seek free legal advice, you may contact us.

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divorce lawyers in ghaziabad,divorce lawyers in gurgaon,divorce lawyer in Hyderabad.

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How To Speed Up Contested Divorce In India?

One must go to the high court to ask for guidance so that the family court can resolve the case as quickly as possible. Also, you may submit an application asking for a swift resolution of your contested divorce case. As a woman, the divorce settlement will be to your benefit.

[divorce-lawers]

How Do I Find Good Divorce Lawyer For Child Custody?

The best divorce lawyer for child custody can be very helpful. They help enhance the resolution process and decrease its negative consequences on the children. Additionally, they guarantee that decisions are made in the family's best interest. Through personal recommendations, Google searches, and other methods, one can look out the top divorce lawyers both offline and online.

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[vipinrainalaw]

Best Divorce Lawyers in Gurgaon

Clients respect and trust Divorce Lawyers Gurgaon for their dedication and experience in handling their sensitive divorce matters. There is a well-known and reputable divorce lawyer in Gurgaon. The team includes divorce Lawyers in Gurgaon who have learned intellectuals who are aware of the nitty-gritty of the case.

The attorneys are available to vigorously protect the interests not only in an adversarial family court setting but also in mediation and counseling, as well as in a mutual consent divorce in which each side is represented by separate legal counsel. You can rest assured that your lawyer has extensive experience, is extremely knowledgeable, is attentive to your needs, and adheres to the highest ethical standards.

Confidentiality –  A good strategy and approach to a divorce or family matter can increase your chances of success by 99%. Divorce Lawyers in Gurgaon offer advice on how to proceed in a specific case after reviewing all facts and circumstances. The top priorities are to provide prompt resolution and complete confidentiality of the matter.

Legal Advice – The Divorce lawyers in Gurgaon offer opinions on your matrimonial legal matter, expressing potential legal consequences. They also assist the clients in drafting applications and petitions based on our extensive experience incorporating your facts in an appealing manner to the courts.

Litigation – The extensive experience representing clients in Matrimonial / Divorce / Child Custody / 498a / Anticipatory Bail matters in all courts in Gurgaon, the Delhi High Court, and the Supreme Court of India at reasonable costs during a process that most clients find emotionally draining.

The best divorce Advocate Gurgaon firms are Advoknit Law firm, A.K. Shokeen Advocate, Sandhya Gupta & Associates, etc. The court fee is nominal at Rs 15, but lawyer's fees account for the majority of the cost. While women can obtain free legal services by contacting the legal aid cell, the fees charged by private lawyers can range from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and the length of time involved. The type of divorce determines the divorce legal process. It may take more than a year to dissolve a marriage if the divorce is contested.

[spjadvocate]

What Makes a Divorce Lawyer the Best in Gurgaon?

The best divorce lawyer in Gurgaon stands out for their extensive experience and expertise in family law. They should have a proven track record of successful divorce cases and be well-versed in local legal procedures. Effective communication is key, ensuring the lawyer listens to your concerns and provides clear, practical advice. They should offer personalized attention and understand the emotional complexities of divorce. Transparency in fees, along with a compassionate approach, also defines a top lawyer. The best divorce lawyer in Gurgaon will work diligently to secure a fair and timely resolution for their clients.

[amlegal]

Navigating Divorce in Gurgaon? Find Your Top Advocate Here 

Gurgaon, a bustling metropolis known for its corporate towers and cosmopolitan vibe, also grapples with the complexities of life's transitions. When navigating the emotional and legal challenges of divorce in Gurgaon, finding your top advocate becomes crucial.

Facing Divorce in Gurgaon: You're Not Alone

The decision to divorce is a difficult one, but it's a reality for many couples in Gurgaon. Whether it's a result of growing apart or unforeseen circumstances, navigating the legalities of divorce can be overwhelming. Here are some key areas a divorce lawyer in Gurgaon can assist you with:

Dissolution of Marriage Proceedings: A lawyer will ensure the legal aspects of dissolving the marriage are handled correctly, following established procedures and protecting your rights throughout the process.

Financial Security: A skilled lawyer will help you navigate alimony arrangements, ensuring fair financial support is received or determined based on your situation.

Child Custody and Visitation: If children are involved, your lawyer will advocate for your rights regarding child custody and visitation arrangements, prioritizing the well-being of your children.

Division of Assets and Debts: A lawyer will guide you through the division of assets and debts accumulated during the marriage, ensuring a fair and equitable settlement.

Property Settlements: Whether it's a jointly owned home or other property, your lawyer will represent your interests effectively during property settlements.

Benefits of Having a Top Advocate by Your Side

Choosing a top divorce lawyer in Gurgaon offers a multitude of benefits:

In-depth Knowledge of Gurgaon Divorce Law: They possess a thorough understanding of Indian divorce laws specific to Gurgaon, ensuring you navigate the process smoothly and efficiently.

Strategic Planning and Clear Communication: Your lawyer will meticulously analyze your case, develop a clear and effective strategy tailored to your unique situation, and keep you informed throughout the process.

Skilled Negotiation: Many divorce cases can be resolved through negotiation. Your lawyer's expertise allows them to secure a fair settlement that minimizes conflict and meets your needs.

Effective Courtroom Advocacy: If the case goes to court, your lawyer will represent you effectively, presenting your case persuasively and advocating for your best interests.

Compassionate Support System: Divorce can be emotionally draining. A good lawyer will provide a listening ear and offer support throughout this challenging time.

Finding Your Top Advocate: Choosing a Divorce Lawyer in Gurgaon

With numerous lawyers practicing in Gurgaon, selecting the one who best suits your needs can feel daunting. Here are some key factors to consider when making this important decision:

Area of Specialization: Choose a lawyer who has a strong track record in handling divorce cases similar to yours. For instance, if child custody is a major concern, choose a lawyer with experience in that specific area.

Experience and Reputation: Research the lawyer's experience and success rate in handling divorce cases in Gurgaon. Consider online reviews and testimonials from past clients to gain valuable insights.

Communication Style: Choose a lawyer who is patient and explains complex legal concepts in a clear and understandable way, and is readily available to answer your questions. Open communication is key to building a strong attorney-client relationship.

Transparency in Fees: Discuss fees upfront and ensure the lawyer provides a clear breakdown of costs. Transparency builds trust and ensures you are aware of all financial aspects of the legal process.

Additional Resources:

The Bar Council of Punjab and Haryana maintains a directory of lawyers practicing in Gurgaon. This can be a helpful starting point for your search for a divorce lawyer in Gurgaon.

Legal websites and online directories often feature profiles of lawyers, including their area of specialization and contact information.

Taking the First Step Towards Resolution

Choosing a top divorce lawyer in Gurgaon empowers you to navigate the legalities of divorce with greater confidence and clarity. Here are some additional tips to get you started:

Schedule Consultations: Meet with several lawyers to assess their personality, communication style, and approach. Choose a lawyer who you feel comfortable and confident discussing your situation with.

Gather Information: Get organized by gathering relevant documents like marriage certificates, financial records, and any communication related to the divorce.

Honesty is Key: Open and honest communication with your lawyer is crucial. They need a clear understanding of your situation to develop the strongest possible strategy for you.

Ask Questions: Don't hesitate to ask questions and ensure you fully understand the legal process, potential timelines, and your options.

By following these tips and seeking guidance from a top divorce lawyer in Gurgaon, you can navigate the legal complexities of divorce with greater clarity and take control of your future. Remember, a good lawyer will not only advocate for your legal rights but also provide emotional support and guidance during this challenging time.

[familykanoon]

Domestic Violence Miseries: Reasons to Seek Help From Divorce Lawyers in Gurgaon

Do you know what is worse than a divorce? 'Facing domestic violence.' This is a sad reality for many couples who deal with violence in their married life. The case of domestic violence has considerably seen a spike over the tears where partners are seen imposing control over their better half and indulging in violence that results in severe injuries and mental pressure. 

Seeking a divorce is the only option left in such cases where one partner falls prey to domestic violence in marriages. But how do you come out of such a relationship, and how can a divorce lawyer help you? Here in this guide, you will get to know how the divorce lawyers can help you to be a survivor and not a victim:

They Help in Attaining a Protective Order on your Behalf

There are chances that one of the partners may be a victim of domestic abuse but feel scared to ask or opt for a divorce. In other cases, people also face domestic abuse when they express their intentions of getting a divorce. In such cases, a divorce lawyer can help you file a domestic violence protective order, which is a court order that refrains the domestic violence perpetrator from staying with the victim. In case they dare to violate the court order, they can be arrested for the same.

Certain legal requirements must be procured to attain a protective order; thus, a divorce lawyer can help you with it. They gather all the proof concerning your case and present it before the judge to get the protective order to save you from facing further domestic abuse and violence.

They Help you Understand the Influence of Domestic Violence on Your Divorce

Domestic violence has a direct impact on your divorce. Thus, your lawyer can briefly outline how your situation may affect the legal approach during the divorce proceedings. For example- if you have attained a protective order from the court, you may not be required to be present for any negotiations and mediation that usually occur between spouses while seeking divorce. Also, your lawyer can take charge of attending the hearings on your behalf so that you do not have to face your spouse in every hearing.

On the other hand, domestic violence also stands as a factor in deciding child custody and post-separation support. Marital misconduct and violence also affect the division of matrimonial assets and possession of the family home. A divorce lawyer is well aware of such issues and thus can provide invaluable insights about the impact of domestic violence on your divorce case proceedings.

They can Help Finalize the Divorce

Divorce lawyers are experts in handling separation cases and can shoulder the responsibility from the very first Stage. From gathering all the required documents and proofs to representing you in court to finalizing the process, they assist you in all aspects. They also advise you on the appropriate course of action relevant to your situation. 

In cases where the separation period is not accomplished during the marriage and the individual has been facing domestic abuse, they offer valuable support to get relief in the separation period. Also, with a protective order, they can help you live separate from your spouse in a separate residence to prevent any further injuries and violence.

Raise Your Voice Against Domestic Violence: Seek Expert Guidance at Family Kanoon Law Office!

Are you someone who has been facing domestic abuse silently? It's time to stand up for yourself and make a strong decision to reclaim your peace of mind. We at Family Kanoon are here to help you get the life you deserve, free from fear. From paperworks to court battles and the finalization of divorce, our lawyers provide complete legal representation so that you do not have to face it alone. 

Our divorce lawyers in Gurgaon can help you fight for your rights and turn the page over your past for a better tomorrow. So, what do you wait for? Contact us now to empower yourself with expert legal advice!                   

[vrassociateslawfirm]

Best Divorce Lawyers in Gurgaon

When navigating the complex terrain of marital dissolution, seeking the expertise of the Best Divorce Lawyers in Gurgaon becomes paramount.

VR Associates Law Firm stands out as a beacon for individuals facing such challenges, offering specialized services tailored to both domestic and NRI clients.

With a team of seasoned divorce lawyers who are well-versed in family law, they provide compassionate yet strategic legal counsel that addresses every aspect of divorce proceedings—from asset division to child custody arrangements.

Their understanding of the intricacies involved ensures that each case is handled with diligence and care, making them an ideal choice for those looking for a trusted partner during such pivotal life transitions.

The firm’s commitment to client satisfaction and its proactive approach in resolving disputes amicably further solidify its reputation among the premier legal service providers in Gurgaon.

[legalraasta1]

Best Divorce Lawyer in Delhi - A Comprehensive Guide

One of the most trusted and provoking indicators to choose a Best divorce lawyer in Delhi about divorce is his track record it's just like the score point of a cricketer which includes the strike rate, sixes, etc. Similarly, a track record of a lawyer can tell you about his expertise in the field.

[top-divorce-lawyer]

How To Speed Up Contested Divorce In India?

A formal method of divorcing your spouse is through a contested divorce. There are a few reasons why a husband or wife can file for divorce. It should be utilized when dissolution of marriage by mutual consent is impossible. In India, a contested divorce simply refers to a circumstance where one spouse has decided to move forward with the divorce process and no longer wants to be married. There are several grounds for a married couple to get a divorce.

Grounds for Divorce in India

The Hindu Marriage Act of 1955 recognised the following reasonable grounds for divorce. They are as follows-

Section 13 (1) - Fault Divorce- It includes Adultery, Cruelty, Desertion, Conversion, insanity, Venereal disease etc. may be granted within six months of notice being served.

Section 13(1A) (i) and Section 13(1A) (ii) - Grounds for Breakdown

Section 13 (B) - Mutual Consent Divorce

Section 29(2) - Divorce that is customary

What Paperwork is needed in a Contested Divorce?

Certain supporting documentation has to be included with the petition when applying for a contested divorce. The following papers must be submitted in order to start a contested divorce. They are-

Aadhar cards for both the husband and wife. 

Marriage certificates

Evidence of a year-long separation

Proof of failed attempts at reconciliation

Petitioner's marriage invitation card

The minimal divorce duration in India varies on a variety of variables. Courts have set certain deadlines and have insisted on the conciliation procedure, among other things. A contested divorce must be filed in India within three to five years.

Procedures Involved to Complete Contested Divorce

The Civil Procedure Code governs India's contested divorce procedure. It provides a detailed explanation of the rules and steps needed to finish the Contested Divorce process.

The most crucial decision in family disputes is selecting legal representation. While handling these issues in court, care is required. That should be taken into account because it affects both families and the child. These issues require compassionate legal knowledge in India’s contested divorce process and family dynamics.

The spouses' next move is to submit a divorce petition. And choosing legal representation from lawyers. For the purpose of preparing a divorce petition, counsel will require all pertinent data and paperwork. He will submit the divorce petition to the judge. The family court has the main jurisdiction in the majority of divorce matters. Following the filing of a Notice, the other spouse must be served by the petitioner or the court by paying court fees.

The court requires both parties to show up. The court orders both parties to go to the conciliation centre if it believes there is a potential for conciliation. The petition is dropped if they resolve their dispute there. If no decision is made, a courtroom trial will continue.

The petition is submitted in court. If there is no room for conciliation or if conciliation fails to provide a mutually agreeable outcome, the respondent must then refute each of the grounds for divorce.

The court first hears both sides' arguments. Then the court issues a decree or order granting or refusing a divorce after considering all the testimony and facts.

Within the time frame specified by the applicable Legislation, an appeal may be filed to the High Court once the trial court issues its ruling. Typically, it lasts from thirty to ninety days.

How can Contested Divorces in India be expedited?

While it can speed up by being well-prepared, employing an expert divorce lawyer, and being aware of the specifics of each stage, a contested divorce petition can be changed to a mutual divorce which may also speed up the process.

You may transfer your case to Fast Track Court when you've been fighting it for longer than two years. Fast Track courts were established in India in the year 2000 to expedite court proceedings and resolve issues that had been pending for a long period. Fast-track courts have indeed been established. However, it is important to assess whether they are serving their intended purpose.

The cost of a divorce lawyer varies from case to case and with the lawyer engaged. The cost of a contested divorce in India can vary depending on where the parties reside, which ranges somewhere between 6000 and 25000 rupees.  Any family situation is examined holistically. Therefore, divorce lawyers consider all the crucial elements and develop a plan and strategies that are appropriate for the circumstance.

You will need a lawyer to speed up and expedite the contested divorce process in India by following all the mentioned procedures under the legislation. If you want your Contested Divorce to be completed at the earliest in Gurgaon, then Divorce Lawyers In Gurgaon can be hired. Similarly, Divorce Lawyers In Delhi can be hired if you want your contested divorce to be completed at the earliest in Delhi.

At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.

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Divorce Lawyers In Gurgaon, Divorce Lawyers In Delhi, Contested Divorce

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Advocate Neeraj Gupta