Separation or divorce can be hard but it is sometimes the only way to lead a better life.
Divorce is when someone is married and then one or both people part from their marriage. It involves laws, rights, and responsibilities as well as emotional aspects of people’s lives. It affects property and children, for example. Those who have experienced a divorce can tell you what it’s like. Divorce is not a good thing but if there is no way to work things out it really isn’t a choice because if you stay in an unsolvable situation then you are not being fair to yourself or the other person.
Divorce is a legal process by which either party in a marriage or civil union ends that relationship. Legally, divorce allows the parties to re-establish themselves as single persons, and it provides for the custody, support, and maintenance of any children of the former marriage.
Steps for sending in a Legal Notice for Divorce in India
- Engage a lawyer who is actively handling cases related to divorce in India.
- The lawyer understands your case and serves a notice on your behalf to your spouse.
- Legal Notices are usually preferred to be sent in english. However, you can use other languages too depending on the geographical location of your residence.
Read: Best Divorce Lawyers in Delhi?
What should your Divorce Notice Contain?
A divorce notice should contain the following information
- Name and address of the party serving the divorce notice.
- Name and address of the opposite party to whom the notice is being served.
- Challanges and issues faced during the tenure of marriage.
- Any previous attempts of conciliation or dialogue.Legal Notice to Wife to Come Back
- Any claim for maintaenance.
- The remedy you’re seeking.
How to Find a good lawyer for Divorce Notice?
You have two options.
- Hire an expensive lawyer offline- This will take much of your time and efforts. You have to reach out for an appointment, physically take time to go to his office and discuss details. This may inlcude several days of discussion if he’s busy or at court. Also, any lawyer takes approx Rs. 2500-3000 for a legal notice.
- Hire a Virtual lawyer- This is an inexpensive way. In today’s time, Internet is such a blessing that you can hire a virtual lawyer who will talk to you on call, understand your case and draft and serve your notice for 60% less price than what you would have paid visiting a lawyer offline.
Legal Notice to Wife to Come Back
The law gives you a right to call back your spouse if /heshe has left the matrimonial home through what is called restitution of conjugal rights. In any circumstances, when the husband/ wife has left the matrimonial home without reasonable cause, the husband or the wife can through the court bring her back by what is known as restitution of conjugal rights.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.Section 9 Restitution of conjugal rights.
The initiation of this step is usually by sending a legal notice requesting to come back.
What happens after you send a divorce notice?
After you send a notice for divorce through an advocate, your spouse has two options.
- Either Contest the divorce
- Or co-operate and mutually agree that seperation is a best way ahead.
The latter option is the quickest way to get out of a marriage but if your spouse contests your divorce it may take a lot of time. A lot will also depend on the facts and circumstances of the case.
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