DIVORCE LAWYER IN GHAZIABAD

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. It usually entails the cancelling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person. Advocate AK Tiwari (AK Tiwari & Associates) is the Top Divorce Lawyer in Ghaziabad.

Divorce should not be confused with annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

A divorce is among the most traumatic occurrences for any couple. To add to this, it can also be a long-winded and costly affair in India if the divorce is contested. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.

In India, as with most personal matters, rules for divorce are connected to religion. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956.


Types of Divorce Petitions

A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.

Divorce With Mutual Consent:

When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children's custody, maintenance and property rights could be agreed to mutually.

There are three aspects regarding which a husband and wife have to reach a consensus. One is alimony or maintenance issues. As per law, there is no minimum or maximum limit of support. It could be any figure or no figure. The second consideration is custody of the child. This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses. The third is property. The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. Right down to the bank accounts, everything must be divided. It is not necessary for it to be fair, so long as it is agreed to by both parties.

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later.

As per Section 13-B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of the Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period.

Divorce Without Mutual Consent:

In case of a contested divorce, there are specific grounds on which the petition can be made. It isn't as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.

1. Cruelty

Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse's conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

2. Adultery

In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.

3. Desertion

One spouse deserting the other without reasonable cause (cruelty, for example) is the reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.

4. Conversion

Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before the divorce can be filed.

5. Mental Disorder

If the spouse is incapable of performing the normal duties required in marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.

6. Communicable Disease

If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.

7. Renunciation of the World

If the spouse renounces his/her married life and opts for sannyasa, the aggrieved spouse may obtain a divorce.

8. Presumption of Death

If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

Mutual Consent Divorce Lawyer in Ghaziabad

AK Tiwari & Associates is one of the best Mutual Consent Divorce lawyer in Ghaziabad.

Advisory & Procedures :-

1. Advisory and Strategising the Needed Compliance’s for Mutual Consent Divorce
2. Checking the Details of the Parties along with Needed Inputs.
3. Sorting out Issues along with Needed Exchanges of Moveable and Immovable Assets Articles and Properties.
4. Taking Necessary Details of the Parties Required for Drawing of Paper Work i.e. Petitions along with Consent Terms and Note of Legal Representations.
5. Court House Filing of the Paper work along with Court House Appearances.
6. Assisting the Objections Stage at Court House before Final Admission of the Petition
7. Appearances In the Court House for Needed Verification and Counseling Procedures
8. Final Hearing along with Counseling and Final Documentations i.e. Preparing Necessary Evident Affidavits as per Procedures.
9. Applications for Certified Copies of the Final Orders.
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We recognize that getting a divorce is one of the most painful experiences that people can go through. It’s because of this, that we can empathize and relate to you and what you are going through. It doesn’t matter if you need divorce lawyers in Noida, our team of legal professionals have the experience and background that you need to build a solid case. Incase you need a divorce lawyer in Ghaziabad, approach us. You need a team that understands what to do every step of the way and fights for you until there is a result.


DIVORCE SERVICES

RESTITUTION OF CONJUGAL RIGHTS

Restitution of conjugal rights is a remedy available to spouses that can be ordered by the Courts. Spouses can seek orders made by the Court, in situations where a spouse has left the company of the other spouse, for the restitution of conjugal rights. If the spouse filing the application to the Court is successful, the Court will then direct the other spouse to rejoin the company of their spouse. For such orders not to be made, there needs to be very strong reasons in support of the spouse who has left the company of the other spouse. Restitution of conjugal rights is a method generally used in matrimonial law cases.


498A ALLIED CRIMINAL CODE PROCEEDINGS

Matrimonial proceedings are currently not confined to the civil and family law jurisdiction. In many cases, where cruelty or harm is caused to a wife by a husband or relative in relation to dowry demands, under section 498A if the Indian Penal code a criminal case is filed against the people who caused the cruelty or harm. Further, cases can be brought under section 406 of the Indian Penal Code for breach of trust alongside of provisions of the Code and the Dowry Prohibitions Act. At first instance in matters of this nature, the defendant(s) has to apply for interim protection, anticipatory bail and regular bail, though it is not only limited to there. We have expertise in both defending and prosecuting cases of this nature. We have lengthy experience in court procedures, as well as attempting to negotiate and settle the issues as expeditiously as possible. This minimizes the potential harm done in matters of this nature.


ANNULMENT OF MARRIAGE

A party can seek annulment of his or her marriage by lodging a petition. There are a number of circumstances under which such a petition can be lodged, which we have expertise in. Once the petitioning party is successful in proving his or her case, the marriage will be declared null and void. The practical effect of such a declaration is that the Court finds the marriage has not taken place at all, but the parties are not labelled as “divorcees”. In the Indian framework, annulment of marriage is important as it provides a mechanism for situations where a marriage has been solemnized under fraud or where one of the spouses is already married.


DIVORCE MEDIATION & COUNSELLING

It is well known that matrimonial disputes have a large effect on the emotions, mental health, egos and feelings of the parties involved. Human nature is unfortunately difficult to predict. Accordingly, it can be difficult to see that, on occasions, we may not necessarily be correct or right in our views or actions and, equally, that others may be right, even though that may not support a position or view held. Ultimately, no one is perfect. Having perspective relating to other people’s points of views and positions can help relationships succeed. However, this is not always the case. In these situations, the engagement of a counsellor or mediator may be warranted and prudent. Counsellors and mediators are always impartial and can look at the situation involving the parties in an objective manner. In many cases, counsellors and mediators can and will make suggestions to the parties to help resolve issues and rebuild and repair relationships that have fractured.

That said, there are always cases where counselling and mediation may be futile, though it is hoped these are rare. In these circumstances the counsellor or mediator may suggest that divorce is the best option for the parties. Though this can be difficult to accept, it is sometimes the case where a relationship is beyond repair and the spouses are unable to reconcile their differences or solve their problems. However, in any situation, mediation and counselling can be beneficial. All issues can be addressed and the interests of all the parties will be considered, which is particularly important when dealing with issues like child custody and divorce. Accordingly, we suggest and facilitate counselling and mediation in any situation where we think it might be beneficial to the interests of the parties, and may save time, costs and stress. Divorce Lawyer in Noida is the the team of expert lawyers based in Mumbai with 25 years of experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling divorce maintenance. Book an appointment by using our online facility or give us a call to discuss your case.


DIVORCE MAINTENANCE

Maintenance is an important part of all matrimonial proceedings. An application for maintenance is filed by a spouse who does not have the means in which to support themselves and, thus, requires maintenance.

Maintenance is divided in to two parts, specifically:

INTERIM MAINTENANCE: Interim maintenance is provided while court proceedings are ongoing. The effect of an interim maintenance order is that the party receiving maintenance is not disadvantaged because of their inability to support his or herself while the proceedings are ongoing. The quantum and frequency of interim maintenance varies, but the status of the parties prior to the proceeding is strongly considered, as well as the income and means of the party against whom maintenance is claimed. The goal on interim maintenance is to maintain a level playing field for the parties.

PERMANENT MAINTENANCE: Permanent maintenance is decided at the conclusion of matrimonial proceedings. The Court will make an order or orders for maintenance on a permanent basis. These orders will depend on the facts and circumstances of the case itself and how the Court ultimately finds. Divorce Lawyer in Noida is the the team of expert lawyers based in Noida and Ghaziabad with experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling divorce maintenance. Book an appointment by using our online facility or give us a call to discuss your case.


MUTUAL CONSENT DIVORCE

Mutual Consent Divorce came into force by act of the Parliament of India amending the Hindu Marriage Act in 1976. Since coming into force, Mutual Consent Divorce has brought reassurance to many Indian citizens. Our firm understands this and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation. As prescribed in the law, the minimum time period in which a Mutual Consent Divorce is six months, though parties can file their secondary petition between six and eighteen months after filing the first Mutual Consent Divorce Petition. Many aspects of Mutual Consent Divorce can be difficult, challenging and perplexing; including:

    • Initiating Mutual Consent Divorce Proceedings;
    • Practices and procedures of the Courts;
    • Time periods around Mutual Consent Divorce
    • Terms and conditions of Mutual Consent Divorce;
    • Spousal maintenance; and
    • Custody of children;

We specialise in creating an atmosphere where the parties to a Mutual Consent Divorce can communicate in an open manner, minimising the stress and grief involved. Once a husband and wife have come to the realisation that their marriage is no longer sustainable, though it is difficult, they should openly accept that their marriage has broken down. These decisions are not easy, and society often places pressure on couples to stay together, however, the happiness and quality of life of the husband and wife is more important than these issues. Further, raising children in an environment where a marriage has broken down can have an extremely negative impact on children. We will assist in working out how the custody of children is arranged, noting that it is most important that the welfare of the child or children is the primary concern. This includes physical custody, visitation, and interim custody during holidays. Ideally, we like to see both parents take an active role in the raising and development of their children and will strive for this.

Once the Petition has been filed, the parties will be required to attend Court to record the necessary statements. Power of attorney can be granted in situations where a party is unable to attend, though this is normally granted to a close relative. The recording of this statement is colloquially known as the First Motion. After a period of no less than six months has elapsed from the First Motion, the parties can then move to have the Second Motion heard. This period of time is there to allow possible reconciliation between the parties. Also, either party can withdraw their consent to the divorce proceedings in this period. However, if the parties seek the Second Motion, they or the person who has been granted power of attorney will need to again appear in Court. Another statement will be recorded. Thereafter the Court will then grant a decree of divorce and the marriage will be dissolved.


JUDICIAL SEPERATION

Judicial separation is, in many cases, a part of the process towards divorce. Section 10 of the Hindu Marriage Act states the grounds under which judicial separation can be ordered. These grounds are similar in their nature to the grounds under which divorce can be sought. If the party applying to the Court for judicial separation is successful, a decree is then issue by the Court for judicial separation. The practical effect of this is that the parties may then live separately. The standard of proof required to successfully apply for judicial separation, however, is lower than that required in contested divorce proceedings. Once judicial separation has been issued by decree, so long as the parties have not cohabitated for a period of no less than twelve months, the parties can then apply for divorce. Judicial separation proceedings can also be, subject to the Court’s approval, be converted into divorce proceedings.

What is judicial separation? Judicial separation is the last step in the divorce proceedings, before the actual divorce itself. It can be called as the last resort before the complete legal breaking of the marriage. Through the decree of judicial separation, the court orders the husband and wife to live separately, giving each party time and space for introspection.


CHILD CUSTODY

By far the most complex, difficult, challenging and important issue during divorce proceedings is that of child custody. It is often the case that children of any age are exposed to pain and suffering that is no fault of theirs. In almost all cases, both parents want to retain custody of their child or children. In the Indian system, the custody of children is decided by the Court of Guardians and Wards. The Court holds the welfare of children as the most important issue to be decided in proceedings where custody is being sought by both parties.

PERMANENT CUSTODY: After determining all the issues before it, the Court will grant custody of the children to one party.

INTERIM CUSTODY: While proceedings are still pending before the Court (or in other circumstances where a final determination has not been made), the Court can grant interim custody to one of the parties. Further, the Court has the power to grant interim custody of children to the other party during periods such as holidays and vacations.

VISITATION RIGHTS: Except in extremely rare circumstances, every parent has an unquestionable right to spend time with his or her children. Accordingly, it is the case that a parent who is not awarded custody of his or her child by the Court will still have the right to meet and spend time with his or her children. Reasonable visitation rights, allocating times, dates and locations, are ordered by the Court which allows the parent to maintain and develop their bond with his or her child.

Divorce Lawyer in Ghaziabad is the the team of expert lawyers based in Ghaziabad and Noida with experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling child custody. Book an appointment by using our online facility or give us a call to discuss your case.

DIVORCE LAWYER IN GHAZIABAD

Every year thousands of cases are registered in the family courts and getting Justice is tough in the Indian courts due to the volume of the cases. The whole process is stressful and requires so much time and energy. To deal with all this process you need the best lawyer who has years of experience in this field and can fight strongly in the courtroom to win the case. If you are searching for a divorce lawyer in Ghaziabad then you must contact us. We have the best team of lawyers who have years of experience in the field and will prepare your case in-depth so that it will stand strong in the courtroom.

AK Tiwari and Associates is the best law firm in Ghaziabad to which you can contact anytime to seek any type of consultation. If you are thinking about divorce and don't know how to take the first step then you can seek consultation from us. We have the best team of lawyers who will help you throughout the process and guide you at every step.

Process of Divorce In Ghaziabad

Divorce is the only option for those couples whose marriage is dead and separation is the best option rather than living in a toxic relationship. In India, The Hindu Marriage Act 1955, The Special Marriage Act 1954, Indian Christian Marriage Act 1892, and Dissolution of Muslims Marriage Act 1939 are some laws codified to deal with divorce cases. Mainly there are two types of Divorce :

1. Mutual Divorce
2. Contested Divorce

The procedure of mutual divorce is much easier compared to the contested divorce procedure. In this divorce, both parties file a joint petition before the family court which takes roughly six months but it is not the same in the case of a contested divorce.

Mutual Divorce Proceeding Steps
● Settlement of draft related to alimony, maintenance, joint bank account, child custody, or visitation rights.
● For the dissolution of marriage by mutual consent has to file the first motion divorce petition before the family court under the Section 13B of the Hindu Marriage Act 1956 and under Section 28 of the Special Marriage Act 1954 by both the parties because both parties are living separately from the last one or more years.
● At the first motion date of hearing, the court records the statement of both parties.
● After six months, in the second motion, the family court records the statement of both the parties, passes the decree of divorce, and declares that the marriage has dissolved from the date of the decree.

Contested Divorce Proceedings

There is no specific time mentioned for the contested divorce as it is a time-consuming process because the case depends upon the facts, evidence merits, and demerits it shall be filed on various grounds. The contested divorce case can be filled on the following grounds mentioned :

● Cruelty
● Adultery
● Insanity
● Dissertation for more than two years
● Suffering from leprosy
● Renounced the world
● Conversion to another religion

NRI Mutual Consent Divorce Lawyer In Ghaziabad

There are some kinds of ease available in the Divorce proceedings in some states for the NRIs and to have a divorce through video conferencing and power of attorney. This process is useful and helpful for the person who is out of India and seeking Divorce. In general, it takes 6 months for mutual divorce as there is a 6-month difference between the first motion and the second motion. Before 2009 it was not mandatory but the Supreme Court has made it mandatory, and now only the Supreme Court has the power to dissolve the marriage before six months.

Even if you are not in India and seeking a divorce from your spouse you can contact the best lawyer in Noida, Ak Tiwari, and Associates. Our team of experts is always ready to give you all types of legal support and if you are not in India then you don't have to worry about it on your behalf will do all proceedings that will be helpful for you. Contact Ak Tiwari and Associates and will get the best legal support and consultation from our expert team of lawyers.

The procedure of mutual divorce is easy but if you are filing a case to get a contested divorce then you have to go through the various ups and downs. To make the whole procedure easier for you you need the best lawyer who will give you the best legal support inside and outside the court. While selecting the lawyer you will check the following points in the lawyer so that you will get the best legal support.

● Check the experience of the lawyer or the firm in this field because there are fewer chances that a new lawyer will win your case; only the lawyers with experience that have handled various cases know all the methods and tactics to fight and win the case in the courtroom.
● Just having years of experience is not enough to check the expertise of a lawyer or firm in handling the cases in the past and how many cases they won and if they are experts then they must have a higher winning rate. Only the div expert divorce lawyer knows how to prepare and win the case in the courtroom.
● Choose only that firm or lawyer that can give you the best legal advice inside and outside the court. And also during your case proceeding, you have to deal with lots of paperwork and need assistance. The lawyer you are choosing must assist you in all the work from start to end of the case.

Wrapping Up

If you are searching for a divorce lawyer in Ghaziabad then you must AK Tiwari and Associates to get the best legal support from the experienced team of lawyers. We charge reasonable fees so that our clients have to go through the financial burden. We have years of experience in handling divorce cases and we are giving the best results to our clients. Contact the AK Tiwari and Associates and book your appointment to get the best legal support to start the proceedings of your divorce case. People from various communities in Ghaziabad visit us for various family cases. They trust us for their cases and we also fight the best for the win. Getting Justice to you is our responsibility. Visit our firm, AK Tiwari and Associates, to seek the best legal consultation.

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