You must know the difference between fault-based and mutual divorce to get appropriate legal advice. Your rights awareness lets you choose improved legal solutions while choosing either affordable divorce lawyers or certain divorce attorneys for women or men.
What is No-Fault Divorce?
The law of no-fault divorce mandates both partners to part ways without producing evidence against the other for any wrongdoing. Individuals often describe the grounds for divorce as an "irretrievable breakdown of marriage" or "irreconcilable differences."
Key Features:
● A person need not prove cruelty, adultery, or desertion.
● The procedure revolves around either mutual agreement or realization that the marriage cannot be continued.
● The process is shorter than fault-based divorce and is less emotionally challenging.
Is No-Fault Divorce Legal in India?
There is no specific no-fault divorce law in the Indian legal system. The Indian legal system operates on personal laws that comprise the following divorce laws:
● Hindu Marriage Act, 1955
● Muslim Personal Law
● Indian Divorce Act, 1869 (for Christians)
● Parsi Marriage and Divorce Act, 1936
No-fault divorce is available in India under the provision of mutual consent divorce which functions through several personal laws. Both partners need to agree that their marriage has irretrievably failed before they can apply for peaceful dissolution of their union.
Divorce by Mutual Consent: India's Closest Version of No-Fault Divorce
Section 13B of the Hindu Marriage Act provides for mutual consent divorce for couples. This is also provided for under other religions.
Conditions:
● Both partners consent to dissolve the marriage
● Minimum one-year separation period
● There is no major conflict regarding alimony, child custody, or property
The Indian legal system employs mutual consent divorce as its nearest substitute for no-fault divorce despite not employing this term explicitly.
What if One Spouse Doesn't Consent.
If one partner refuses to consent, the other must file a contested divorce by proving reasons such as:
● Cruelty
● Adultery
● Desertion
● Mental illness
● Conversion to another religion
The grounds of divorce have to be proven in court as these reasons are official grounds for divorce.
Role of Divorce Lawyers
A divorce attorney who represents women or men offers legal assistance that makes the process simpler. A divorce attorney offers services by:
● The attorney files all the documents in the right format Legal defense in court
● Provides advice regarding child custody and division of property and alimony
● The attorney reduces delays and confusion in court
Conclusion
The Indian legal system has not yet developed an outright no-fault divorce process like in some other countries. The mutual consent divorce process serves as a simpler and less complex alternative for couples wishing to split amicably. A professional divorce lawyer assists clients in obtaining a fair and legally sound process. Men and women who desire to become divorced need to educate themselves on legal processes in the correct manner and choose suitable methods.
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