A divorce is the legal termination or dissolution of the marriage institution. Divorce no longer elicits the same frown it once did, and more people than ever before are willing to leave unpleasant marriages. The greatest approach to reducing the stress that divorce might cause is to understand how the system works. Many individuals are unaware of the cost of mutual divorce in India. Here’s an overview of the costs of mutual divorce in India.
What Forms Of Divorces Are There In India?
In India, the most common types of divorce are:
- Divorce by Mutual Consent
- Disputed Divorce
Mutual divorce occurs when spouses agree to file for divorce jointly and submit a joint petition. It is perceived as a smoother process because the couple is more amiable. The process is primarily procedural, as both spouses consent to the divorce. It just requires two court appearances, making it a quicker and more efficient process.
A contentious divorce occurs when one of the spouses refuses to consent to the divorce. As a result, the other spouse must apply for divorce and then struggle to prove that the marriage is no longer working. In India, a spouse can seek a contested divorce on a variety of grounds. However, these frequently turn into protracted legal battles that leave a very untidy trail. They can also run for years and require multiple sessions and court appearances, making them an expensive affair.
Mutual Divorce Lawyer Fees
In general, the fees for filing for divorce vary based on location and severity. If both spouses are highly friendly and have resolved most of their concerns, the process will be simpler and less expensive. The longer the court battle lasts, the more money the spouses must pay. The location or court where the divorce case is heard usually makes a difference as well. Divorce lawyer in Delhi NCR do not charge much for an appearance in district or family court if the case is heard there. If, on the other hand, the matter advances and reaches a High Court or Supreme Court, the charges multiply exponentially.
Obtain Legal Advice
Aside from that, divorce lawyers charge for consultations, which you may require to settle disagreements and make important decisions. Consultation is required because mutual consent needs the couples to be explicit on child custody and alimony. A qualified divorce lawyer will assist you in dividing your assets, managing child custody, and determining appropriate alimony. However, this may necessitate repeated sittings, raising the entire expense. If you have decided how you would manage these things amongst yourselves, the cost will be much cheaper.
In India, How Much Does A Mutual Divorce Cost?
The following factors influence the divorce lawyer’s fee:
- Jurisdictional Court
- Rate of Success
- Your financial circumstances
- Lawyers will charge you for their appearance, consultation, and document drafting.
- Experienced lawyers may also assist you with your papers and make things happen smoothly and elegantly. They negotiate agreements more quickly than younger, less experienced divorce attorneys and can also conclude things amicably.
- Look for divorce lawyers who come highly recommended by others, since they are always better than those that sit in court waiting for cases.
- Contested divorces are far more expensive since they take longer to complete and include a lot of documentation and cross-questioning.
- In addition, some divorce lawyers offer a flat price for a divorce, whilst others charge by the hour. If the latter is the case, make sure you and your spouse discuss settlements before going to the lawyer to reduce your fees.
- Child support and custody concerns, as well as other connected issues, can increase the cost of the divorce. If you are concerned about the cost of the divorce, attempt to settle such issues between yourselves.
- Most lawyers will require a retainer fee in advance, which is normally non-refundable, so save some money before approaching a lawyer.
- Other costs include Xerox charges, incidental charges, and travel expenses, as well as fees for mediators and accountants and the preparation of file sets.