Do Both Husband And Wife Have To Agree To Divorce?

Divorce can be a complex as well as a psychologically tolling process for all parties involved. When it comes to divorce, there is not just one way to divorce. Each party can opt to hire a legal representative to represent them throughout the divorce procedure. Or they can decide to work mutually with a moderator to help them in getting a friendly agreement. In this case, they can also hire a joint divorce attorney with the end goal of resolving the issues and keeping away from the court. A divorce can be granted by default, uncontested, or contested.

In India, divorce under the Hindu Marriage Act, 1955 can be imposed through two ways-

  • By the wish of one party (Default Divorce or Contested Divorce).
  • Mutual consent (Uncontested Divorce).

Default Divorce

A number of spouses mistakenly think that if they decide not to sign their divorce forms or choose to vanish altogether, the other spouse will not be able to get a divorce and therefore, the two will remain married for the long haul.

A court will grant a divorce by “default” if a party files for divorce and the spouse does not respond after being properly served with the divorce complaint and paperwork. This could be utilized if one party‚Äôs location is not known or are reluctant to partake in the divorce procedure.

Contested Divorce

If both the parties cannot come to an agreement on the terms of your divorce, you can bring your issues in front of a Judge. You will have to go through the procedure of exchanging discovery like settlement negotiations, financial documentation, hearings, and, if you cannot come to an agreement after these exchanges, you will have a trial.

Uncontested Divorce

It is often the least expensive and best option to attempt and resolve divorce issues in an uncontested manner. In this kind of divorce, you and spouse will work collectively to craft an agreement on the terms of your divorce. By working together and agreeing to the terms, you can avoid going to court.

One lawyer represents one of the parties and prepares the divorce documents. Generally speaking, the lawyer will meet with the party they are representing and start the divorce proceedings. The parties negotiate the terms until both parties are satisfied. There are advantages and disadvantages to an uncontested divorce.

An uncontested divorce is considerably cheaper than going to court. If you can negotiate the terms of the divorce agreement before contacting a lawyer to begin the divorce proceedings, the cost is minimal. It saves time for everyone involved. When facing a divorce, saving money is a huge benefit. This is money that can be used for making necessary changes and for living expenses.

An uncontested divorce can also help maintain a level of civility between the parties. If the parties to the divorce have an amicable relationship, it is best to try to protect that mutual respect, especially if there are children involved. Another advantage is the privacy that an uncontested divorce offers in contrast to court proceedings. The divorce will be a matter of public record, but the visibility of the negotiations and the actions taken is potentially private and limited by what the parties disclose in the documents.

If both the parties give consent for divorce and sign the divorce paper, then divorce plea can be presented to the court and they will obtain their divorce decree after that.

If you happen to have filed a divorce and have an unwilling spouse, you must get in touch with a qualified divorce lawyer to talk about the likelihood of pursuing a default divorce case.