Lead India, Best Divorce Lawyers in Kolkata , Lead India
Why you should hire a divorce lawyer?
Divorce is a sensitive matter. It is an emotional phase for both men and women. Choosing the right divorce lawyer is important for a successful divorce. When it comes to divorce, it is important to have an experienced lawyer by your side to guide you through the process. Hiring a divorce lawyer will help you reduce the time for the divorce proceedings, reduce your expenses, and help you maintain a healthy relationship with your spouse throughout the process. Divorce lawyers have the skill and knowledge to handle different types of divorce cases. They can help you understand the divorce process, and guide you throughout the process. A divorce lawyer can guide you through the legal process of divorce and can help you manage the situation.
The process of divorce in India
It is a way of ending a marriage where there is irreconcilable breakdown of marriage. Before filing for divorce, one spouse needs to prove that there has been a breakdown of the marriage. There are two types of divorce in India - Mutual consent divorce and Contested divorce. If both the spouses agree to end the marriage, they have to file for a Mutual consent divorce. On the other hand, if the spouses cannot come to an agreement, then the spouse who wants to end the marriage has to file for a Contested divorce.
Difference between Summarised Hearing and DA-SA hearings
After the case has been filed, the court will ask both the parties to appear in court for the first hearing. The couple appears in front of the judge, and the judge tells them about the court process. The judge will ask both the parties to resolve their issues before the next hearing. If there is no progress, the judge will ask the couple to attend a conciliation meeting called as the Conciliation meeting (DA-SA) with the court’s mediation centre. The couple attends the DA-SA meeting and makes an attempt to settle their disputes. If they fail to resolve the dispute, then the next hearing is scheduled. At the next hearing, the judge will ask the couple to submit a settlement. The judge will approve the settlement if it is valid. The judge will ask both the parties to submit a Divorce Application after the settlement.
What is the difference between Summarised Hearing and DA-SA hearings?
The purpose of these hearings is to resolve the issues between both the parties. To resolve the issues, the judge will ask both the parties to attend the hearings. If the issues are not resolved, then they will move to the next hearing. The judge will ask both the parties to submit a settlement before the next hearing. At the next hearing, the judge will ask both the parties to submit their divorce application. The judge will approve the divorce application if it is valid. The divorce application process is called a Divorce Summarised Hearing. A Divorce DA-SA hearing is the same as a summarised hearing. Both the hearings are used to resolve the issues between both the parties. The difference is that a divorce summarised hearing is used when the couple has already submitted a written divorce application whereas a divorce DA-SA hearing is used when the couple is yet to submit a written divorce application.
Child Custody after Divorce in India
The Child custody after divorce in India is a very important aspect of the divorce proceedings. The parents have to decide who will take the custody of the child(ren) after the divorce. The law does not favour the parent who files for divorce when it comes to deciding the custody of the child(ren). However, the parent who files for divorce can also file for child custody. The judge will determine the child custody after divorce based on the following factors. - - The best interests of the child - The child’s age - Ease of communication between the child and the other parent - Time spent by the other parent with the child - Child’s preferences - Health of the child - Parental lifestyle - Financial stability - Any history of child neglect or abuse
Maintenance for Women after Divorce in India
After the divorce, the court may order the spouse who earns more to pay the spouse who earns less maintenance. Both the spouses can also come to a settlement regarding the maintenance. The maintenance is only paid to a woman/women. However, there are certain conditions for which a woman can demand maintenance. - - The woman must have been married to the husband for at least 15 years - The woman must have been separated from her husband for at least two years before filing a maintenance application - The woman must have custody of the child - The woman must not be able to work and earn the same amount as she would get as maintenance - There must be a justifiable reason as to why the woman cannot work
Conclusion
Divorce is a serious step in any relationship. If both parties cannot work out their differences, it is better to move on as friends. Divorce is never an easy process. It is often complicated, and it takes a long time to complete. It is important to hire a divorce lawyer who can guide you through the process. Divorce is not an easy process, and it should not be taken lightly. It is better to hire a divorce lawyer to make the entire process smoother.
Contact+ 91-8800788535
Email: care@leadindia.law
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