Among many difficulties in a person’s life one of the most difficult event is divorce as it is emotionally and physically stressful. Marriage is a pure bond between the husband and wife; it binds people and families together. Marriage can turn out either successfully or fail terribly. We at GS BAGGA & ASSOCIATES have expertise dealing with numerous types of divorce and we provide less stressful and more effective results while maintaining the privacy, sentiments and legal rights of our clients.
TYPES OF DIVORCE
Under the Hindu Law divorce is of two types:-
- Mutual Divorce- Under section 13-B of the Hindu Marriage Act, both the parties agrees and express their consent for peaceful separation, the alimony and child custody issues is already dealt between them. To file for mutual divorce one must have mutual consent and the parties have been living separately for at least one year.
- Contested Divorce – Under section 13 of the Hindu Marriage Act deals with when ny pg the party has caused cruelty, conversion of religion, unsound mind, communicable disease or unheard for more than seven years i.e. desertion.
THE SIX STAGES OF DIVORCE
STAGE 1 – DRAFTING AND FILING PETITION
Petition should be filed in the family court along with the court fees
STAGE 2 – ISSUE OF SUMMONS
A court notice is sent to the other party notifying that the process of divorce has been initiated by their spouse
STAGE 3 – RESPONSE OF THE SUMMONS BY THE PARTY WHO WAS SUMMONED
The party has to be present on the mentioned date and is the party fails to be present than the court will end the process of divorce.
STAGE 4 – TRAIL AT THE COURT
The court hears both the parties with evidence and witnesses conduct examination, cross examination. Also, any party can file a temporary petition with respect to maintenance and child custody before the court. This can be filed after hearing and during the pendency of the court proceedings. This order stays in power until the final court procedure of the Divorce
STAGE 5 – ARGUMENTS BY ADVOCATES
The respective advocates of both the parties argue before the court on the basis of documentary evidence filed and depositions of the witnesses.
STAGE 6 – FINAL ORDER
The final order is passed after successful completion of all the stages mentioned above. The final order can be challenged to the higher courts.
People who have undergone divorce has faced the most challenging experiences as divorce affects each person differently, but one common thread is that it almost always entails significant changes in their lifestyle and family dynamics. The stages of divorce are well-known stages of grief with the added stress of the related legal proceedings. Divorce is majorly filled with pain, emotions and it brings out five phases of grief as well such as:
- Denial – Not acknowledging the problems of the martial relationship.
- Anger – the feeling of anger for your partner, feeling betrayed, rejected, abandoned, misunderstood, fear, loneliness, seek explanation and so on.
- Grief – mourning the loss of dreams, care and foreverness with your partner.
- Depression – feeling of despair and hopelessness.
- Acceptance – finally accepting the reality and moving on towards a new future.
One’s grief state is something that is unavoidable but that does not mean that the grief cannot be controlled or let go.
- Create your own support group of friends and relatives.
- Not suppressing your emotions.
- Take out time for yourself.
- Hiring an experienced and compassionate divorce advocate.
- Avoid emotions that may influence practical decisions.
Hopefully, the above mentioned tips will navigate ones emotional side of divorce with clarity and confidence and avoid emotionally driven mistakes. As few allow their anger to spur them toward errors that cost them dearly in their divorce proceedings and others allow depression to let them lose sight of their best interests and agree to one-sided divorce terms without a fight.
HOW DIVORCE LAWYER AT THE LAW OFFICE OF G.S BAGGA AND ASSOCIATES MAY ASSIST & HELP YOU?
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the local assets, collect records, liabilities o that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
The best thing you can do to ensure a positive outcome from your divorce case is to hire the right divorce advocate to help you navigate this process. Your advocate can provide the objective point of view of your situation that you may need to counterbalance the emotional weight of the situation. When it is difficult to focus on practical matters because of denial, anger, or despair, your advocate can be the voice of reason who guides you through your divorce case with your best interests in mind at every phase.
At GS BAGGA & ASSOCIATES, we understand the emotional side of divorce and help you prevent it from interfering with the practical side of the process. Our firm has years of experience helping clients navigate complicated divorce proceedings in Delhi and can put this experience to work in your case. If you are having trouble accepting that your marriage is ending and are unsure of what you should do next, contact us on GS BAGGA website and schedule a consultation with our team. We will help you maintain a more objective view of the situation and preserve your best interests through every phase of your divorce case.
We are always happy and ready to assist you in your hard time.
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Please do not hesitate to contact us at 9213782334 or email us at [email protected] or leave a query at our website: www.gsbagga.com or our assistance.
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