Is your marriage breaking under the pressure of silence, stress, or betrayal? However, an individual needs to protect himself or herself from their interests, then divorce becomes a need.
In a city like Hyderabad, in your busy schedule, you won’t get the right knowledge on the divorce process. This article explains exactly how to file for divorce in Hyderabad with updated insights.
The process toward legally ending a marriage can feel overwhelming and confusing, especially for people living in busy cities like Hyderabad, Bangalore, Delhi etc.,
This explanation aims to help you find out how to seek a divorce in Hyderabad with a step-by-step process.
How to Get a Divorce in Hyderabad? Divorce Process Explained
Filing for divorce will be a headache if you find the wrong attorney. Avoid this major pitfall to proceed with a Divorce. Adding to this, in a hurry to get a divorce consultation, chances are of ending up getting consulted by a general advocate rather than a family court specialist.
Hence, our expert panel of Kamal & Co. suggests looking for an experienced divorce lawyer in Hyderabad who is trusted & reliable for years.
After taking a careful decision on a lawyer, let’s head to the reasons considered by the court to file for Divorce in India.
What Are The Reasons You Can Ask for a Divorce in India?
In India, you can ask for a divorce based on several reasons, including:
- Infidelity(cheating)
- Either physical or emotional harm
- Abandonment
- Switching faiths(changing religion)
- Psychological struggles(Schizophrenia, PTSD, Bipolar, etc.)
- medical conditions
- Giving up worldly life(seeking the spiritual self)
These fall under the Hindu Marriage Act from 1955, but different rules might apply if your marriage follows other laws like the Special Marriage Act from 1954, or Muslim personal laws.
There has been a rise in the divorce rate in Hyderabad, reaching 1.5%.
The major contributors to this rise are as follows:
- Infidelity
- Financial Issues
- Miscommunication
- Changing attitudes/social norms
- Cultural interferences
- Domestic violence
- Substance abuse
- Family interference
At least five Hyderabadis run to court every day seeking a divorce, reveals data collected from the city family courts for the last month.
Shockingly, a total of 152 divorce cases were filed in the last 30 days at the Hyderabad Family Court, and several are already pending.
The number of couples opting for a separation, going by the lawyers here, is only on the rise.
The total number of cases registered in 2016 was close to 3,000.
What Are The Types of Divorce in India?
A. Mutual Consent Divorce
When both husband and wife mutually agree to split up, they can file for a divorce together.
B. Contested Divorce
When one person in the marriage wants out but the other doesn’t agree, the willing party can file for divorce alone.
Mutual Consent Divorce: Step-by-Step Process in Hyderabad
Search for a lawyer nearby
Talk to a family attorney in Hyderabad who will write up the divorce papers for you.
Submit the divorce papers together
Both parties in the relationship need to hand in a shared request to the family court in Hyderabad, stating that their relationship cannot be fixed and have been living apart for at least a year.
First Court Meeting
The judge records what both parties say, and it orders a six-month cooling-off period (at times, this waiting period gets skipped).
Final Court Meeting
After half a year has passed, both parties must tell the judge that they still desire a divorce. If everything seems right, the judge will grant you the divorce.
Contested Divorce Legal Guide for the Divorce Process in Hyderabad
Find a Divorce Attorney in Hyderabad
The first step is finding and hiring a divorce lawyer in Hyderabad. They will help in guiding you through the legalities, do your paperwork, and fight your case in court.
Submit Your Request
The divorce process gets started when you file papers in the family court that handles your case, based on:
- Where did your marriage take place?
- Where did the two parties in the relationship last live together?
- Hand in your request along with the supporting paperwork
Notify Your Spouse
After filing for divorce, a copy of the divorce notice must be sent to your spouse. This notice explains what is going on.
Their response and counterclaims
Your spouse gets an opportunity to respond to the divorce notice. They can contest it or accept the conditions you’ve asked for.
Talking It Out
Sometimes, the court might suggest mediation as a solution or a counsellor to see if you can work things out.
Court Hearings
If reconciliation measures don’t solve things, the court will hear your case. Both sides need to present their arguments and evidence.
Final Decision & Divorce Papers
If the judge finds your reasons for divorce as valid and proven, they’ll grant the divorce, officially terminating your marriage.
Documents Required to File for Divorce in Hyderabad
- Marriage Certificate
- Proof of housing for both spouses
- Photos of the couple
- Proof of earnings/property (for support payment cases)
- Information about kids (if you have any)
- Evidence for separation (for mutually agreed divorces)
“Under Section 13B of the Hindu Marriage Act, mutual divorce can be finalized in 6 months, or even earlier if the waiting period is waived by the court.”
— Advocate R. Narayan, Family Court, Hyderabad
Remember that Indian marriage and family laws differ based on personal beliefs and religion. So, not all citizens can ask for a divorce for the same reasons. For example:
- Hindu couples follow the Hindu Marriage Act.
- Muslim couples normally refer to the Muslim Personal Law.
- Christian couples usually use the Indian Divorce Act.
- Parsi couples follow the Parsi Marriage and Divorce Act.
Common Mistakes To Avoid While Filing For Divorce in Hyderabad
Ready to Take the Next Step?
Getting divorced in Hyderabad requires thorough legal preparation, the right documents, and inner strength. The quickest and least painful way for the dissolution of a marriage is through mutual agreement, if possible.
Talk to a well-known family lawyer to understand the legal details and protect what is important to you. For a smooth legal journey, seek advice from a respected divorce attorney in Hyderabad.
