When you decide to separate from your spouse, many things and questions run in your mind. If you are in such a traumatic situation, you have to take some careful steps to ensure that your case is strong enough. The very first thing that should come in your head is to evaluate all the options that you have. Try to figure out what type of experience you can have whether you are applying for a contested or an uncontested divorce.
You might have heard different things about the contested divorce. Some people do not choose this method because they think it is expensive and time consuming. However, we would suggest you understand the difference between both the methods before making your final call. In this article, we will be talking in detail about the contested divorce.
What do you mean by contested divorce?
In this type of divorce, the couple have certain disagreements on things such as child custody, child support, division of the assets, and the alimony. Both the partners do not offer agreement on the mutual divorce. In such circumstances they need the assistance from the court to dissolve their marriage. This type of divorce is different from the uncontested one. The documents that are required to file this case are as follows:
- Marriage certificate or photographs to prove your marriage in the court.
- Aadhaar card of both wife and husband.
- Evidence that proves that the couple is staying separately at least for one year.
- The details of the marital assets.
Things that you must know before filing for a contested divorce
There are certain things that you need to understand before getting involved in such a separation case. These basic things include:
1. Never neglect the orders of the court:
The court tends to issue various orders especially in the case of contested divorce. It is compulsory to follow all the orders passed by the court. If you neglect the orders issued by the judge, then you would end up getting trapped in a difficult situation. The court can give you punishment wherein you might have to pay fines or pay for your partner’s legal expenses. If you don’t want these penalties, ensure that you always follow the orders of the court.
2. Do not even think of arguing with the judge:
No matter whether you agree to what the judge says or not, you cannot think of arguing with him. You have hired a personal lawyer for a purpose and he has the right to argue on your behalf. You can simply tell your attorney that the judge is making false statements. In case you are struggling to get separation from your partner, you can get in touch with Rightlawyers who can provide you with the best assistance to solve your case.
Even if you are representing your case yourself in the court, we would suggest you to not argue with the judge because it can influence the decision he will take at the end of the hearing.
3. Do not be late in the court:
Whenever you are summoned by the judge in the court, try to be on time. You can’t simply make the judge wait for you because this will put a bad impression on him. Even if you can’t attend the call, you have to ensure that you have a good reason behind it. If the judge finds that you are not serious about the case, then he will impose penalties on you.
4. Learn about the grounds for contested divorce:
Assuming one of the companions has willful sexual intercourse with some other wedded or unmarried individual, such a demonstration turns into a ground for giving separation. This right lies with the loyal mate and he/she can seek legal separation just at his/her discretion. This is perceived as a ground for divorce in every one of the laws governing divorces in various religions. The supposed disloyalty need not be active when the separation was filed by one partner.
- Mental disorder:
Mental disorder is a ground under which if an individual’s psychological wellness isn’t curable and the condition is only getting worse day by day, the couple get divorce. It tends to be taken as a state where the individual (husband/wife) can’t deal with himself/herself. The companion should initially demonstrate the evil state of mind if he/she intends to file for a separation case.
Cruelty can be mental or physical and it is considered as the valid ground on which you can seek separation from your spouse. If one partner is afraid that the other partner can harm or injure him/her any time, then he/she can apply for contested divorce in the court on the basis of cruelty. In India, most of the separation cases are happening only because the wife or the husband use violence against their spouse.
If one partner abandons or leaves the other without providing any valid reason, then desertion is the valid ground to get divorce from your spouse. However, if there’s consent between the two partners regarding this, then you cannot file for separation under the desertion ground. You must have evidence against your spouse to prove that he/she abandoned you. Desertion is also valid for separation if the petitioner claims that there is nothing left between the two partners except living together in the same house.
- Presumption of death:
If one partner has not heard anything from his/her spouse for at least seven years, he/she can file for a divorce under the grounds of presumption of death. This law has been derived from the English law of evidence. This law is flexible and death can be presumed even before the period of seven years if you can provide certain proof of unique circumstances.
To sum up
Contested divorce is generally meant for partners who do not have agreement between them related to certain things such as child’s custody, alimony, child support, etc. Before filing for such a separation, you must understand its grounds. Check out the above points to know more about contested divorce.