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How To Divorce? My Sister's Husband Is About To Kill Her. - Family (5) - Nairaland

Nairaland Forum / Nairaland / General / Family / How To Divorce? My Sister's Husband Is About To Kill Her. (52775 Views)

About To Divorce My Husband Who Sponsored Me In School. / I Want To Divorce My Husband As Soon As Possible / Time To Divorce My Wife? (2) (3) (4)

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Re: How To Divorce? My Sister's Husband Is About To Kill Her. by staga: 2:44pm On Mar 20, 2020
Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

Stay away from your sister's marriage. You people are the ones causing confusion in homes all over the place. If your sister cannot think for herself, is it you that will think for her? Now you are here on Nairaland asking for divorce on your sister's behalf. Na she send you?

3 Likes

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Olayetan(m): 2:44pm On Mar 20, 2020
Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

Are you seeking for divorce on your sister consent or without her consent
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by healthserve(m): 2:45pm On Mar 20, 2020
Born2conquer:

In lagos?


To do this move her far away from vicinities that can be easily tracked by the other party. Yes you'll see apartment in come coded areas that are good at this price
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by blessedchild234(m): 2:46pm On Mar 20, 2020
una go face small palava from family carry come online!
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by SoNature(m): 2:46pm On Mar 20, 2020
DenreleDave:


Exactly, the sister follow money marry man and now she I suffering... The useless brother that has eaten from the money too now Wana run away... Op, u can't eat ur cake and have it...

The right idiom is You can't have your cake and eat it (too)

I don't know where Nigerians learnt that NONSENSE you typed from

2 Likes

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Amberon11: 2:47pm On Mar 20, 2020
You're irredeemably stupid.
DenreleDave:


He-goat
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Ivegotsolutions(m): 2:48pm On Mar 20, 2020
Call Twin Pillars Attorneys 08088730599, she will help you.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by brainhgeek(m): 2:49pm On Mar 20, 2020
If thisis true, they should first be separated but then, why is the man a beast?
We can't judge from a one-sided story. We need to hear the full story
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by josite: 2:49pm On Mar 20, 2020
Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?




if u want it fastest,file for divorce is sagamu high court.lagos courts are congested.but it is not cheap.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Dreyton36: 2:50pm On Mar 20, 2020
The question is what has she done to this man that turned him to a beast
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Nobody: 2:52pm On Mar 20, 2020
Iogobenz:
I am guessing the man has money right?
Also,how long have they been married?

And how long did they court before wedding
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by tunize(m): 2:52pm On Mar 20, 2020
Born2conquer:

Ladies should avoid guys like this.

Na them
Dem dey correct u, u deh talk anyhow abi nor b hand u use type or create topic use am ask google.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by pocohantas(f): 2:53pm On Mar 20, 2020
Because it is your sister, you want to remove her from the environment.

If na another person sister now, you will say she should watch her mouth or pray for the BEAST.

If only guys could treat the women (in their lives) like they treat their sisters. Tolerate them the same way they tolerate their sisters.

86.315% of world problems would be solved.

5 Likes

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Nobody: 2:53pm On Mar 20, 2020
Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?
ur sister no wan leave wetin concern u
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Amberon11: 2:58pm On Mar 20, 2020
You're a good brother. God bless you.
johnnobles:
This was how I removed my younger sister from a beast. I asked her if she was convinced she is no longer interested and she said yes., We located the nearest local government and went straight to there human Rights section. She made the complains and told them she was no longer interested in the relationship. He was invited and saying he is still very much interested, they were asked to go and come back three weeks later, my brother I jejely packed her belongings to my house and she was staying with me. We went back after three weeks and relationship was dissolved.
Note: she had two kids for the man ,no marriage registry. ...

1 Like

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by tunize(m): 2:58pm On Mar 20, 2020
U want medicine but u don't want to state what u ar suffering from. U want divorce for ur sister but u don't want to state ur reason. It should have been bttr to keep it private to the fullest then.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by robosky02(m): 2:59pm On Mar 20, 2020
Reasons/Grounds for Filing for A Divorce Petition in Nigeria According to the Law

The following are grounds that the law permits either partner in a lawful wedded marriage to file a petition for divorce:
That both parties have been living apart for a period of two or three years from the day the petition was filed and do not object the dissolution of the marriage.

That either party has willfully and persistently denied sex to one another to consummate the marriage.
That either party of the married couple has been presumed dead after being missing for a long time.
That either party can no longer tolerate the behaviour of the second party (rape, bestiality, sodomy, habitual drunk, in prison, attempted murder of spouse and intent to or actual bodily harm that causes serious injury)
That either of the married party has committed adultery i.e. extra marital affair and the partner can no longer tolerate his/her partner.
That either of the married party has been abandoned for up to one year from the day the petition was filed.
That either party has failed to comply with restitution of conjugal rights for at least a year.
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Steps to File A Divorce in Nigeria
Here are steps to legally file for a divorce in Nigeria today:

Loading...
1. File a Petition for Divorce
This is the first step according to law in Nigeria. The law requires the filing of a petition of dissolution of the marriage by a party in the marriage which should be presented to the court. This should be done when both parties (petitioner and respondent) have gotten to a point where they can no longer afford to live as lawfully wedded husband and wife under the same roof.

2. Wait For Court To Verify Your Petition
When the court receives the petition, it will verify that one or any of the following reasons for divorce applies to the married party or better still whether the married party fulfilled any of the conditions required by law after filing the petition for divorce. If the petitioner is found guilty of any or more of the above situations, the petitioner shall be granted the right to divorce the respondent as deemed fit by the court.

Note: A divorce petition should be filed by the party in the marriage who wants the marriage dissolved. The court in her wisdom upon receiving the petition would have to determine whether the marriage meets the necessary requirements for divorce according to the law by using the legal grounds for divorce mentioned above to verify the issue. When a child or children are involved, the court through the presiding judge of the divorce case usually ensures that both parties exhaust all forms of dialogue and reconciliation to save the marriage.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Kaykay41: 3:01pm On Mar 20, 2020
Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?
hope your sister is not the one pushing the perceived beast to the wall.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Ramos16(m): 3:07pm On Mar 20, 2020
So many variables at play here

Does your sister want a divorce
Why are you the one seeking a divorce
Is this a case of domestic violence.

If you walk into my court seeking a divorce for a relative that has not shown clear intentions of getting a divorce, I will probably have your case thrown out in a split second.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by lele007: 3:07pm On Mar 20, 2020
Leezah:
HOW TO GET A DIVORCE IN NIGERIA

This article is for people who have decided that they want to get a divorce. Simple. This article is not meant to give advice on whether or not you should try to make your marriage work, or go to marriage counselling. No. The point of the article is to state as clearly as possible what you need to consider when you have made the decision to get a divorce.

Under Nigerian law, a marriage can only be ended in 2 ways – by the death of one of the partners, or by an order of the court.

The divorce process is the process to follow in order to get a court order to dissolve a marriage. Unlike in some countries where a divorce can be a relatively quick process, it would appear that the law in Nigeria has been made unduly cumbersome (rightly so in some people’s opinion), to ensure that marriage contracts and divorces are not entered into willy-nilly.

The first thing you should know is that you will need the services of a lawyer to get a divorce. Under Nigerian divorce law, a lawyer has to represent you in court in order to bring your case for divorce. Now, we could end this article at this point, and say, if you need a divorce, then go out and get a lawyer. However, that would be defeating the purpose of this article, what we want to do is explain in some more detail what the divorce process entails, so you know what to expect.


PREPARATION
Step 1- you need to understand what type of marriage you have. The divorce process depends to a large extent on how the marriage was solemnised. In present day Nigeria, most of the marriages are registered (i.e. you and your partner have a Marriage licence from a Marriage Registry), these sorts of marriages are referred to as marriages under the Act, and we shall focus on this type of marriage in this article.

Step 2 – you need to understand why you want a divorce, what is the reason for the divorce. Under the Matrimonial Causes Act (the law which governs the divorce process in Nigeria), there are certain stated grounds which can be used to dissolve a marriage. They include things like adultery, living apart for a period of time, habitual drunkenness, criminal acts etc. You need to ensure that your reason for divorce can fit into one of the grounds to prove divorce. You can read more about the grounds of divorce here. However, don’t worry too much about this now, once you speak to a lawyer he/she will listen to your case and advise you properly on which ground of divorce your reason may be able to fit under.

Step 3 – You need to begin to think about what you want out of the divorce. This will largely depend on the specific situations of your marriage. Things you should begin to consider are:

Who will have custody of children?
Will your spouse pay for maintenance of the children?
If you are unemployed, do you want maintenance from your spouse? (you will need to prove why the court should grant this)
How will the property be shared? Do you believe you are 100% entitled to certain property because you paid for them? Etc.
These are some of the things you need to be thinking about, but again, don’t worry about it too much, a good lawyer will be able to elicit this information from you and ensure all the bases are covered and you are adequately protected and you get what you deserve.


THE DIVORCE PROCESS
Step 1 – The divorce process officially commences when your lawyer files what is known as a petition for divorce in the High Court. This bundle of documents basically states your case- who you are married to, where you got married, how long you have been married for, why you want a divorce, what you want from the divorce, and any evidence to back this up. This is where the lawyer begins to earn their fee. They will draft and file all the necessary court processes and ensure you have put forward your petition in a logical and professional manner. If you are the person who filed the petition you are referred to as the petitioner, and your spouse is the respondent.

Step 2– Once the document is filed in the court, it will be given a file number in the court system (the Family court division), and then the contents of your petition will be served on (delivered to) your spouse (and his lawyer). Your spouse will be given a certain number of days (it varies based on which State your petition is filed) to respond to your petition. The content of the response will depend on if your spouse also wants a divorce.

Step 3 – Once your spouse has replied to your petition, the courts will then hear the case in open court. If there are any witnesses that need to be called to corroborate any evidence, they will appear in court.

Step 4 – If the judge is satisfied that a divorce should be granted, then it grants what is known as a ‘decree nisi’, basically that the marriage should be dissolved. However, the decree nisi does not mean that it has been dissolved, you will have to wait for another 3 months, and then the decree nisi will become a ‘decree absolute’.

Step 5 – the judge has the power to grant custody of any children to either spouse, and can make orders for the payment of maintenance (for the spouse and children), and also make orders for the settlement of any property of the marriage.


The above is a very general overview of the divorce process. As each marriage will have its own specific set of facts, the process will vary, and that is why it is important to seek the advice and counsel of a qualified lawyer before embarking on a divorce. Source-LawPadi
*************************************************************************************************************************************************************
You can start a divorce process in two ways: mutual consent divorce or contested divorce.

A divorce by mutual consent is a kind of divorce whereby both the husband and wife mutually agree to end their marriage and decide the terms and conditions of their divorce amicably. Mutual consent divorce is also called an uncontested divorce as the husband and wife file a joint divorce petition without the need to contest it in the court.

There are basically 3 conditions which can be fulfilled to get a mutual consent divorce These grounds are:

-Both the parties to the marriage have been living separately for a period of one year or more
-They have not been able to live together
-They have now mutually agreed for the dissolution of the marriage

Documents Required
*Address proof of husband
*Address proof of wife
*Marriage certificate
*Four passport size photographs of the marriage of husband and wife
*Evidence proving spouses are living separately for more than a year.
*Evidence relating to the failed attempts of reconciliation
*Further when the case proceeds in the Courts; there are certain other documents which have to be presented to get a Divorce Decree:

Income Tax Returns (3 years)
Details of present income
Birth and family details
The details of the assets
Competent Court and Jurisdiction

There are various courts that can try a Divorce case, but eventually, only the competent court must be approached to get a Regular Valid Decree. The petition for mutual divorce can be filled in these competent courts:

1. The court having jurisdiction over the area where couple seeking divorce last lived together
2. The court having jurisdiction over the area where the marriage was solemnized
3. The court having jurisdiction over the area where the wife is residing as of present
4. Procedure To Obtain Mutual Consent Divorce

The process of getting the divorce might seem a little hectic, yet it the ideal process to follow the same. The procedure being:

-Petition to be filed under Marriage Act,
-Both the parties need to file this petition together seeking the divorce before the District Court.
-The parties intending to dissolve a marriage can file for divorce after at least one year from the date of marriage.
-Both the parties need to file the petition together seeking the divorce before the District Court.
-Parties are required to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce.
-Jurisdiction is with the Family Court of the city/ district where the parties last resided together (matrimonial home).
-The divorce petition is filed in the form of affidavit thereby stating that the divorce is by mutual consent and containing the agreed clauses by the parties. (First Motion)
-Recording of statements of both parties by the court.
-Six months of cooling period (not more than eighteen months in any case) granted by the court in a case to the parties wish to consider any reconciliation.
-During the period of six months, any of the party is fully entitled to withdraw the mutual consent by filing an application before the court.
-After six months, parties present themselves in front of the court.
-Parties confirm the mutual consent filed earlier. (Second Motion).
-Decree of Divorce granted by the court.

Contested Divorce
Contested divorce is where one party does not want to dissolve the marriage for whatever reasons. One-sided divorce takes place when one spouse has the grounds for separation and wishes to end the marriage. As the name suggests, the husband and wife contest each other to get the most out of a divorce proceeding and hire a divorce lawyer in India to represent their interest.

To contest a divorce in courts, the following procedure is laid down:

Filing a divorce petition- After recognising the court of appropriate jurisdiction, the contested divorce petition must be drafted by an experienced divorce attorney and must contain the issues and problems that have arisen out of the marriage and mention the grounds on which the petitioner wants to file a divorce. Once the divorce petition is filed, the court will issue summons to the other spouse notifying him/her that a divorce case has been filed by their spouse.

Reply by the opposite party- Once the summons has been sent, the opposite party is required to write his/her reply to such petition explaining their side. However, if the opposite party choose not to show up at the hearing date, the court may proceed to give a decision after hearing the side of one party only.

Interim decision- At the initial stage, the court might suggest that the divorcing spouses take up the process of mediation to settle their disputes before getting a divorce. Mediation will involve a third neutral party who will help in mediating communication between the spouses.

Filing of evidence- If the mediation does not give a positive result, normal proceedings resume and the evidence is submitted by divorce lawyers of both the spouses. Examination and cross-examination take place- evidence from the petitioner is taken into record first and then from the opposite party.

Final arguments- Once the evidence is filed, final arguments between the parties take place. Final arguments are the primary deciding factors on which the court finalises dissolution of marriage.

Divorce decree- At the conclusion of arguments, the court gives out its final judgment and passes a divorce decree.

the OP be you like who dey read
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by silibaba: 3:07pm On Mar 20, 2020
Born2conquer:
Lalasticlala and SEUN help me

I need to act today, this morning
This marriage should be broken off

crying more than the bereaved.

divorce and then go through the back door and marry him.

I no trust women these days again grin
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by gnykelly(m): 3:10pm On Mar 20, 2020
Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

before anything else go and retrieve her away from the beast

1 Like

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by sammylink: 3:13pm On Mar 20, 2020
You are crying more than the bereaved. Does your Sister want divorce? You cant file for divorce on behalf of your Sister. What is important now is for your Sister to get separated from the "beast". Her life must be secured first, then divorce can follow later. Sorry o.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by KingMicky3286: 3:13pm On Mar 20, 2020
Is your sister beautiful? Does she have bad mouth?

Give me answer to solve this problem.

Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by daresteph: 3:16pm On Mar 20, 2020
America WONDER!
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Akinh: 3:16pm On Mar 20, 2020
Hhansome:
Your phone can type this here but cannot type it on Google I guess?
Thank You Bro...I Love This Response, Some People AreSo Dumb In This Con3...U Can Ask Your Dumb Ass Questions Here And Can't Type It On Google ..
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by keleman992000(m): 3:16pm On Mar 20, 2020
what happened? have discussed with husband? is there something she failed to do as wife? please do more investigation and be properly guided. Your sister needs a man in her life. you may not be able to satisfy her emotional needs.
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by lucky4west: 3:18pm On Mar 20, 2020
rent a flat for her to stay first then start the process of divorce that is if ur sister genuinely want it...ensure u are nt putting asunder
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by bluecircle470: 3:19pm On Mar 20, 2020
Born2conquer:

Ladies should avoid guys like this.

Na them

Guess you’re here to joke. You too nag
Re: How To Divorce? My Sister's Husband Is About To Kill Her. by openmine(m): 3:19pm On Mar 20, 2020
Born2conquer:

She wants to
Save her first...the divorce can come later!

1 Like

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by Nobody: 3:20pm On Mar 20, 2020
"That man has a mental illness, save your sister's life now!"
This is the kinda statement females like!
grin
Oga give details

1 Like

Re: How To Divorce? My Sister's Husband Is About To Kill Her. by WHITELIGHTER: 3:21pm On Mar 20, 2020
Leezah:
HOW TO GET A DIVORCE IN NIGERIA

This article is for people who have decided that they want to get a divorce. Simple. This article is not meant to give advice on whether or not you should try to make your marriage work, or go to marriage counselling. No. The point of the article is to state as clearly as possible what you need to consider when you have made the decision to get a divorce.

Under Nigerian law, a marriage can only be ended in 2 ways – by the death of one of the partners, or by an order of the court.

The divorce process is the process to follow in order to get a court order to dissolve a marriage. Unlike in some countries where a divorce can be a relatively quick process, it would appear that the law in Nigeria has been made unduly cumbersome (rightly so in some people’s opinion), to ensure that marriage contracts and divorces are not entered into willy-nilly.

The first thing you should know is that you will need the services of a lawyer to get a divorce. Under Nigerian divorce law, a lawyer has to represent you in court in order to bring your case for divorce. Now, we could end this article at this point, and say, if you need a divorce, then go out and get a lawyer. However, that would be defeating the purpose of this article, what we want to do is explain in some more detail what the divorce process entails, so you know what to expect.


PREPARATION
Step 1- you need to understand what type of marriage you have. The divorce process depends to a large extent on how the marriage was solemnised. In present day Nigeria, most of the marriages are registered (i.e. you and your partner have a Marriage licence from a Marriage Registry), these sorts of marriages are referred to as marriages under the Act, and we shall focus on this type of marriage in this article.

Step 2 – you need to understand why you want a divorce, what is the reason for the divorce. Under the Matrimonial Causes Act (the law which governs the divorce process in Nigeria), there are certain stated grounds which can be used to dissolve a marriage. They include things like adultery, living apart for a period of time, habitual drunkenness, criminal acts etc. You need to ensure that your reason for divorce can fit into one of the grounds to prove divorce. You can read more about the grounds of divorce here. However, don’t worry too much about this now, once you speak to a lawyer he/she will listen to your case and advise you properly on which ground of divorce your reason may be able to fit under.

Step 3 – You need to begin to think about what you want out of the divorce. This will largely depend on the specific situations of your marriage. Things you should begin to consider are:

Who will have custody of children?
Will your spouse pay for maintenance of the children?
If you are unemployed, do you want maintenance from your spouse? (you will need to prove why the court should grant this)
How will the property be shared? Do you believe you are 100% entitled to certain property because you paid for them? Etc.
These are some of the things you need to be thinking about, but again, don’t worry about it too much, a good lawyer will be able to elicit this information from you and ensure all the bases are covered and you are adequately protected and you get what you deserve.


THE DIVORCE PROCESS
Step 1 – The divorce process officially commences when your lawyer files what is known as a petition for divorce in the High Court. This bundle of documents basically states your case- who you are married to, where you got married, how long you have been married for, why you want a divorce, what you want from the divorce, and any evidence to back this up. This is where the lawyer begins to earn their fee. They will draft and file all the necessary court processes and ensure you have put forward your petition in a logical and professional manner. If you are the person who filed the petition you are referred to as the petitioner, and your spouse is the respondent.

Step 2– Once the document is filed in the court, it will be given a file number in the court system (the Family court division), and then the contents of your petition will be served on (delivered to) your spouse (and his lawyer). Your spouse will be given a certain number of days (it varies based on which State your petition is filed) to respond to your petition. The content of the response will depend on if your spouse also wants a divorce.

Step 3 – Once your spouse has replied to your petition, the courts will then hear the case in open court. If there are any witnesses that need to be called to corroborate any evidence, they will appear in court.

Step 4 – If the judge is satisfied that a divorce should be granted, then it grants what is known as a ‘decree nisi’, basically that the marriage should be dissolved. However, the decree nisi does not mean that it has been dissolved, you will have to wait for another 3 months, and then the decree nisi will become a ‘decree absolute’.

Step 5 – the judge has the power to grant custody of any children to either spouse, and can make orders for the payment of maintenance (for the spouse and children), and also make orders for the settlement of any property of the marriage.


The above is a very general overview of the divorce process. As each marriage will have its own specific set of facts, the process will vary, and that is why it is important to seek the advice and counsel of a qualified lawyer before embarking on a divorce. Source-LawPadi
*************************************************************************************************************************************************************
You can start a divorce process in two ways: mutual consent divorce or contested divorce.

A divorce by mutual consent is a kind of divorce whereby both the husband and wife mutually agree to end their marriage and decide the terms and conditions of their divorce amicably. Mutual consent divorce is also called an uncontested divorce as the husband and wife file a joint divorce petition without the need to contest it in the court.

There are basically 3 conditions which can be fulfilled to get a mutual consent divorce These grounds are:

-Both the parties to the marriage have been living separately for a period of one year or more
-They have not been able to live together
-They have now mutually agreed for the dissolution of the marriage

Documents Required
*Address proof of husband
*Address proof of wife
*Marriage certificate
*Four passport size photographs of the marriage of husband and wife
*Evidence proving spouses are living separately for more than a year.
*Evidence relating to the failed attempts of reconciliation
*Further when the case proceeds in the Courts; there are certain other documents which have to be presented to get a Divorce Decree:

Income Tax Returns (3 years)
Details of present income
Birth and family details
The details of the assets
Competent Court and Jurisdiction

There are various courts that can try a Divorce case, but eventually, only the competent court must be approached to get a Regular Valid Decree. The petition for mutual divorce can be filled in these competent courts:

1. The court having jurisdiction over the area where couple seeking divorce last lived together
2. The court having jurisdiction over the area where the marriage was solemnized
3. The court having jurisdiction over the area where the wife is residing as of present
4. Procedure To Obtain Mutual Consent Divorce

The process of getting the divorce might seem a little hectic, yet it the ideal process to follow the same. The procedure being:

-Petition to be filed under Marriage Act,
-Both the parties need to file this petition together seeking the divorce before the District Court.
-The parties intending to dissolve a marriage can file for divorce after at least one year from the date of marriage.
-Both the parties need to file the petition together seeking the divorce before the District Court.
-Parties are required to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce.
-Jurisdiction is with the Family Court of the city/ district where the parties last resided together (matrimonial home).
-The divorce petition is filed in the form of affidavit thereby stating that the divorce is by mutual consent and containing the agreed clauses by the parties. (First Motion)
-Recording of statements of both parties by the court.
-Six months of cooling period (not more than eighteen months in any case) granted by the court in a case to the parties wish to consider any reconciliation.
-During the period of six months, any of the party is fully entitled to withdraw the mutual consent by filing an application before the court.
-After six months, parties present themselves in front of the court.
-Parties confirm the mutual consent filed earlier. (Second Motion).
-Decree of Divorce granted by the court.

Contested Divorce
Contested divorce is where one party does not want to dissolve the marriage for whatever reasons. One-sided divorce takes place when one spouse has the grounds for separation and wishes to end the marriage. As the name suggests, the husband and wife contest each other to get the most out of a divorce proceeding and hire a divorce lawyer in India to represent their interest.

To contest a divorce in courts, the following procedure is laid down:

Filing a divorce petition- After recognising the court of appropriate jurisdiction, the contested divorce petition must be drafted by an experienced divorce attorney and must contain the issues and problems that have arisen out of the marriage and mention the grounds on which the petitioner wants to file a divorce. Once the divorce petition is filed, the court will issue summons to the other spouse notifying him/her that a divorce case has been filed by their spouse.

Reply by the opposite party- Once the summons has been sent, the opposite party is required to write his/her reply to such petition explaining their side. However, if the opposite party choose not to show up at the hearing date, the court may proceed to give a decision after hearing the side of one party only.

Interim decision- At the initial stage, the court might suggest that the divorcing spouses take up the process of mediation to settle their disputes before getting a divorce. Mediation will involve a third neutral party who will help in mediating communication between the spouses.

Filing of evidence- If the mediation does not give a positive result, normal proceedings resume and the evidence is submitted by divorce lawyers of both the spouses. Examination and cross-examination take place- evidence from the petitioner is taken into record first and then from the opposite party.

Final arguments- Once the evidence is filed, final arguments between the parties take place. Final arguments are the primary deciding factors on which the court finalises dissolution of marriage.

Divorce decree- At the conclusion of arguments, the court gives out its final judgment and passes a divorce decree.

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