What is a Divorce?

Important things about divorce are as follows,

  1. There are eleven grounds for divorce.  Please refer this section grounds for divorce.
  2. Divorce is a judicial order dissolving a marriage by a judgment and decree.
  3. There is a list of documents needed to file a divorce case comprising financial aspect, personal information, and marriage certificate.  There are some financial documents, which are different for working professionals, businessmen, and self-employed.  So, please go through the list under appropriate list.  Please refer this section Divorce Documents Checklist.
  4. There are five locations where you can apply for divorce.  Please refer this section Divorce Jurisdiction.
  5. Can I get a divorce case transferred from one court to another court is a most common question, the answer is yes.  Please refer this section transfer of divorce case.
  6. You can get a quick divorce within a reasonable time.  Please refer this section mutual consent divorce.
  7. Mutual consent divorce is one of the best, easy, and convenient way, if there is a mutual consensus and understanding for divorce between husband and wife.  Please refer this section mutual consent divorce.
  8. Many a times it so happens that either husband / wife wants a divorce, but the other party to divorce oppose and choose to contest the divorce by seeking to dismiss the petition.  That is called contested divorce and visit contested divorce for more information.
  9. Financial difficulty is one of the major reason during a divorce, so husband / wife who don’t have monthly living expenses and for fighting a divorce case in court, then can file for maintenance.  Please refer this section interim maintenance for wife.
  10. You can remarry after a decree of divorce is passed dissolving the marriage.  Please refer this section remarriage.
  11. Interim maintenance for child can be obtained during divorce proceedings as well by a parent who has custody of child from other parent for necessities like school or college fee, medical expenses, and other monthly needs.  Please refer this section, interim maintenance of child.
  12. After passing order of decree dissolving the marriage, the courts will pass judgment and decree which will have a component of permanent maintenance for wife and child.  Please refer this section, permanent maintenance for wife, permanent maintenance for child.

Grounds of Divorce for filing divorce case in India:
The applicable laws are as follows;
1. Section 13 and 13B of the Hindu Marriage Act 1955.
2. Section 23, 24, 25, 27, 27A, and 28 of the Special Marriage Act, 1954.
3. Section 10 and 10A of the Divorce Act, 1869.
4. Section 32, 32A, 32B, and 34 of Parsi Marriage Act 1936.

Also, if your are interested, please go through these sections 

Divorce Documents Checklist,

Interim Maintenance for Wife,

Interim Maintenance for Child,

Application for maintenance,

Application for Child Custody