Pre–Divorce Preparation

If you are living an unpleasant married life and want separation with your partner then you can fill the Divorce Petition on the basis on any legal grounds in India. After deciding that you want to get the divorce, it is important that you are prepared for the upcoming situations. You should know all the basic knowledge of the legal procedures. In short it can be said that you should do your homework before filing for Divorce. This is known as pre divorce preparation.



The Pre Divorce Preparation include,


  1. Going for Marital Counseling – Before deciding to get the divorce the marital counselors can help you deciding whether the divorce is actually required or not. In Indian tradition, breaking the family is regarded as the last resort therefore you should understand that whether the reason for your divorce is actually valid or not.

  2. Find a competent Lawyer – In order to get the divorce with no further problems it is mandatory to have good lawyer. The lawyer will show you the right ways to get the divorce. A lawyer who have good experience if divorce cases is preferable. You also need to share your personal details with him so that you can share all your personal reasons which is required to give you divorce from your partner.

  3. Planning for the future – You should plan about other issues before getting the divorce. The issues include financial backup, shelter, child custody etc. These things require time to settle so you should plan everything in advance.

Steps to get the divorce in Indian court are:


  1. File a joint petition in the court starting that you want divorce with mutual consent. In this, the petition will be accepted after you show the evidence that you have been staying separately for 1 year or there is no any contact between you and your partner/spouse for 7 years then court will give divorce decree

  2. After both parties file the joint petition, the court gives them 6 months time to reconsider the option of divorce and if both the parties don’t withdraw the divorce for that specified 6 months period then court will legally give them divorce.

When it comes about the maintenance, it is concerned that the wife can demand for the monthly allowance but if the husband refuses to give her then she can go to the magistrate. Then the magistrate will allow the ex-husband to pay the monthly allowance to his ex-wife but it is only permitted till the lady doesn’t get married again.



The information on the site is only for informational purpose please take legal advice for any kind of decision making.