Many women are not happy with their married life and it’s a common question in their mind “How do divorce your husband“

A lot of my female clients ask me about how to divorce their husbands. Here in this article, I have explained in easy language so that people can know the procedure to get a divorce easily.

Deciding to get a divorce is never easy, and it’s a decision that should not be taken lightly. If you have made the decision to end your marriage, there are steps you can take to make the process as smooth and stress-free as possible.

How to divorce your Husband

TABLE OF CONTENTS

• Both spouses Mutually want a Divorce ( MUTUAL DIVORCE)

• One Spouse wants Divorce but the other is Unwilling to give a divorce (CONTESTED DIVORCE)

• Where to File a Divorce Petition? ( JURISDICTION)

• Documents required to file a Divorce Petition ( CHECKLIST OF DOCUMENTS)

• Decide the Outcome you Want to have from a Divorce Petition (DIVISION OF PROPERTY)

• Finding the Lawyer to File your Divorce Petition ( ROLE OF LAWYER)

• The following are the grounds of Divorce a Spouse can seek (GROUNDS)

The procedure of Divorce:-

• MUTUAL DIVORCE

Mutual divorce, also known as an uncontested divorce, is a divorce in which both parties agree to the terms of the divorce and are able to come to an agreement on issues such as child custody, property division, and alimony. In India, mutual divorce is governed by the Hindu Marriage Act of 1955

To file for mutual divorce in India, both parties must agree to the divorce and must have been separated for at least one year. The process begins with the filing of a joint petition for divorce in the appropriate family court. Both parties must also file an affidavit stating that they have lived separately for at least one year and that they both consent to the divorce.

Once the joint petition and affidavits have been filed, the court will set a date for a hearing. At the hearing, both parties must appear before the judge and provide evidence that they have lived separately for at least one year and that they both consent to the divorce. If the judge is satisfied that the parties meet the requirements for a mutual divorce, the judge will grant the divorce.

It’s important to note that in India, mutual divorce can only be granted if both parties agree to the terms of the divorce. If one party does not agree to the divorce or if the parties are unable to come to an agreement on issues such as child custody or property division, the divorce may be contested and the court may have to make decisions on these issues.

While mutual divorce can be a less stressful and less expensive option, it’s important to have a clear understanding of the terms of the divorce and to have the guidance of a legal professional. An attorney can help you understand your rights and make sure that your interests are protected during the divorce process.

The procedure to apply for Mutual Divorce is very easy as explained in 4 easy steps.

• Joint filing of Divorce petition before the family court and then giving first motion statement
• After the first motion date for rethinking is given and a time of around 6-7 months will be given by the court for the second motion
• The second motion is just 1 step away to get a divorce decree. Here the court will record statements like the first motion and then the last step i.e Mutual Divorce will be given
• A decree of Mutual Divorce will be passed

 

• CONTESTED DIVORCE

A contested divorce is a divorce in which the parties are unable to reach an agreement on issues such as child custody, property division, and alimony. In India, a contested divorce is governed by the Hindu Marriage Act of 1955. Contested Divorce is a situation when only one spouse is willing to divorce and the other doesn’t want a divorce.

Under the Hindu Marriage Act, of 1955, the following grounds for divorce:-

• Fault Ground (section 13(1)) These are Such as ( desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion ) [can be granted in a period of 6 months from service of notice as per 21B(2) of Hindu Marriage Act,1955

The procedure to Apply for Contested Divorce is very easy as explained below:-

• It begins with the filing of a contested divorce petition on the above-said grounds.
• Then the notices to the respondent are issued.
• Then Respondent appears and files a written statement.
• After filling of the written statement issues are framed.
• Then evidence is started and the party which files the case gives his/her evidence first.
• The arguments on law points.
• After arguments Decree of divorce ( Judgement)

Read:- How to get a contested Divorce fast As contested divorce can be a long and stressful process, it’s important to have the guidance of a legal professional. An attorney can help you understand your rights and make sure that your interests are protected during the divorce process. It’s also important to be prepared for the possibility that the judge may not rule in your favor on some or all of the disputed issues.

• JURISDICTION

The divorce petition may be filed at the family court which has jurisdiction over your matrimonial home,

The jurisdiction is as below:-

• the address where you stay / last stayed as husband and wife after your wedding,
• or at the family court having jurisdiction at the place where the marriage has taken place.
• Women can file the petition either in the family court that has jurisdiction over the place the matrimonial home is located
• or the family court of the locality where she is residing at the time of filing of the petition.

 

• Documents Required to file Divorce Petition

Some of the documents that you will be required for filing a Divorce Petition are stated below:

• Address proof of Spouse
• if the Marriage is registered then the marriage certificate ( otherwise you can file an affidavit before the court that your marriage is not registered )
• Two- Three Photographs of marriage ( so that you can show marriage has been done)
• Evidence proves spouses are living separately for more than a year. ( if not available, then you can state on affidavit and petition )
• Evidence relating to the failed attempts of reconciliation.
• Income tax statements for the last 2-3 years (It’s required as income, expenses affidavit needs to be filled by you)
• Details of the profession and present income
• Information is available relating to family background/family antecedents
• Details of properties and other assets owned by spouse.

 

• Decide the Outcome you Want to have from a Divorce Petition

Divorce can take many different forms. In some cases, it is amicable and relatively easy to divorce, but in other cases, it can also get very complicated.

What kind of divorce will bring about the results you want?

Consider the following things as mentioned below:

• How to divide your spouse’s property, and assets
• Do you have children with your spouse, and will who will be seeking custody?
• If you are seeking custody, will you also seek child support from your spouse?

 

• Finding the Lawyer to File your Divorce Petition

Finding the right lawyer to handle your divorce is an important decision. Here are some steps you can take to find the right lawyer to file your divorce petition:

1. Do your research: Look for lawyers who specialize in family law and have experience handling divorce cases similar to yours. You can check online directories, ask for recommendations from friends or family, or contact your state’s bar association for a list of lawyers in your area.
2. Set up consultations: Once you have a list of potential lawyers, set up consultations with each one. This will give you the opportunity to ask questions and get a feel for the lawyer’s personality and style.
3. Consider the lawyer’s qualifications and experience: When you meet with the lawyer, ask about their qualifications and experience. Look for a lawyer who has experience handling cases similar to yours and who is familiar with the laws in your state.
4. Consider the lawyer’s fees: Be sure to ask about the lawyer’s fees during your consultation. It’s important to find a lawyer who is within your budget, but be aware that you may get what you pay for. A more experienced lawyer may have higher fees, but they may also be more effective at negotiating a favorable settlement.
5. Trust your instincts: Finally, trust your instincts. It’s important to find a lawyer you feel comfortable with and who you feel you can trust. You will be working closely with this person during the divorce process, so it’s important to find someone you feel comfortable with.

As divorce involves very depth knowledge of family law. So it’s advisable to find a competent lawyer irrespective of the kind of divorce you want from your spouse.

You must schedule your consultation with an expert lawyer in this field.

Even seemingly simple divorces might end up being complex, and a divorce attorney can respond to specific inquiries regarding your situation. A one-hour consultation with a lawyer will help you better prepare, even if you decide to represent yourself.

• Be prepared to discuss your objectives and desired results.
• Bring the evidence you acquired regarding your debts and assets.
• Prepare a list of inquiries for the attorney that are unique to your case.

Read:- How to find the best lawyer

 

• The following are the grounds of Divorce a Spouse can seek:-

a) If he/she has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive;

b) If the husband/ wife after the marriage had voluntary sexual intercourse with any other person;

c) If the husband/ wife is treating you with cruelty;

d) If the husband/ wife has deserted you for a continuous period of not less than two years immediately preceding at the presentation of the petition;

e) If the husband/ wife has ceased to be a Hindu by conversion to another religion;

f) If the husband/ wife is suffering from an incurably unsound mind or has been continuously or intermittently from a mental disorder that you cannot reasonably be expected to live with such a toxic person;

g) If your husband/wife is suffering from a virulent and incurable form of leprosy;

h) If the husband/ wife is suffering from venereal disease in a communicable form;

i) If your husband/wife has renounced the world by entering any religious order;

Read:- How to apply for divorce

FAQ (FREQUENTLY ASKED QUESTIONS):-

1. How to divorce your Husband?

Prepare in your mind first that you want a mutual divorce or contested divorce then proceed accordingly. If you want a mutual divorce then try to settle the matter mutually and if you want to be contested be prepared with cases.

2. How to leave your Husband?

A wife can’t be compelled to live with her husband a brief procedure will help you:-

• Gather Documents & Keep Records. …
• Open a Separate Bank Account & Create Your Own Budget.
• Get your Gold, Dimond Jewelry into your possession
• Have A Plan for Your Exit.
• Contact a Divorce Lawyer
• To Tell Your Spouse Or Not.
• Tell Your Children. (if any)
• Leave

Source:-

1. Hindu Marriage Act