How is a divorce petition filed in India?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

When does a divorce petition need to be filed?

If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court. When the divorced persons can remarry?

How long is the waiting period for divorce?

A compulsory waiting period of six months from the date of filling papers, is observed by the Court and the first date of hearing of the Petition is only six months after the date of filing of the petition for Divorce. 3.

How long does it take to get divorce by mutual consent?

“13. From the analysis of the section, it will be apparent that the filing of the petition with mutual consent does not authorise the court to make a decree for divorce. There is a period of waiting from 6 to 18 months.

When does the 6 month waiting period start for divorce?

The six month waiting period starts on the date of service of the divorce paperwork. More specifically, the date of service is the date the non-filing party receives or acknowledges receipt of the divorce petition.

Can a spouse take you back to court after a divorce?

After you receive your final divorce order, there are still a few issues which would cause your ex-spouse to take you back to court. While most provisions in the divorce decree are final, circumstances can certainly change months or even years down the line.

What was the decree of divorce 5 years ago?

Linda’s Question: When I divorced 5 years ago, the decree stated that he needed to remove my name from the mortgage and certain credit cards. He did not take my name off two of the credit cards and the mortgage. He now has gotten ill and has stopped paying them. He is also behind about 5000.00 in child support.

When to file for divorce after abandonment or desertion?

If your spouse abandoned or deserted you, you will need to state the specific facts surrounding the abandonment, including how long ago your spouse left. Some states require a period of time to pass after abandonment before you can file.