Divorce is often one of the most emotionally painful processes, and one of the most time-consuming lawsuits two people have to go through. In India, the process may require several hearings, the submission of documents and lengthy wait so it may be an overwhelming experience. The question that comes up on the mind of many people is whether it is possible to dissolve a marriage without the issue of having to go back to court regularly. The fact is, in some cases you can obtain a divorce without ever making an appearance in court several times. Couples will be able to expedite the process with the assistance of the best divorce lawyer in India, consider legal options, and invest less in the emotional baggage of litigation.
Mutual consent divorce is one of the most frequent methods of divorce without the need to spend much time in court. This kind of divorce also applies in the cases where the husband and the wife agree to divide the marriage and moderate problems like child custody, alimony as well as property division in an amicable manner.
After the mandatory waiting period that is six months which at times can be overlooked by the court, once before the final hearing during which the final judgment can be given.
The process would be less stressful in case both partners are represented by an experienced lawyer. The top rated divorce attorney in India may come up with a settlement agreement, draw up paperwork, and complete much of the legal formalities, leaving the couple with very little bother.
Under the current technology, some of the divorce hearings have also been subjected to video conferencing in Indian courts. This has been particularly useful to couples that live in foreign countries or in other cities. Spouses may ask the court to engage the court virtually by presenting valid reasons or causes including health reasons, distance, or even job engagements.
This is so as to make sure that one is not always physically present. By hiring a qualified attorney, one can make applications to the court seeking to be spared the need to attend in person and the process of the proceedings will not be halted at any unnecessary spots.
Although in the process of mutual consent divorce, the activities of the court are to be minimal, in contested divorces, things are the other way round. A contested divorce occurs when one of the partners does not want a divorce or does not consent to the decision in terms of alimony, child custody, property division, and so on.
Several hearings are normally inevitable in such a case. Before granting divorce, the court has to look at evidence and consider the testimony of witnesses as well as arguments. Nevertheless, even in litigated disputes, an effective legal approach can make the number of personal visits of the parties to the courtroom smaller. This is because the best divorce lawyer in India will be able to represent the clients in the vast majority of hearings, allowing them to dispense appearances only when it is unavoidable due to the need to testify or provide statements.
Indian law also contains few provisions concerning exemptions of personal appearances in the court. An accuser can assign a lawyer or a close associate to plead with his or her help by filing an order under Order 3 CPC.
Further, the court can release spouses in case they are abroad, sick or have valid travel-related problems. In these cases, the affidavits and notarized papers can be filed to prove their consent or claims.
Being able to minimize court visits during a divorce case comes with several advantages:
These benefits highlight the importance of hiring the best lawyer , who can strategically handle the case and guide clients on how to minimize their involvement in court.
Although divorce is viewed as a complex and emotionally draining procedure, it can be given out without the couples attending court very consistently. Mutual consent divorce, video conferencing and exemptions under the Indian law give couples a workable alternative. Contested divorces however tend to involve more people, with the right legal representation one can minimise the burden. Hiring the top attorney in India will help people to pay less attention to stress in order to take their rights and make the process of starting a new life easier and with fewer regrets.