How long after the separation should you file for Divorce?

There might be different answers to this question from different view of the world but in this article we will discuss about the separation procedure of India to get the divorce and what the definition of separation here is followed.

file for Divorce

Separation in simple words means two people living apart. In some cases, couple lives apart from each other but either of them doesn’t approach for the divorce, it might be for those couples who see the spark of compromising  and apologizing from each other for whatever happened in past and see the hope of coming back together after giving some separate space to each other for a while. But when the two people are no more able to tolerate each other and stay together then they have the proposal of divorce. But before they appeal for the divorce from the family court they must fulfill the minimum separation period for divorce in India.

Let us tell you, it may possibly take the minimum of three hearings or 6 months to 1 year (in Mutual Consent Divorce) which can also last up to 2-10 years or more, depending upon the case to case.

Divorce with Mutual Consent

In this, both the husband and the wife agrees to all the terms and conditions of the divorce and mutually decides to dissolve their marriage and they file a joint petition in the court. Before this they should have lived up to at least 6 months separately, then only the court will listen to their divorce appeal. After this, court gives them the date of hearing of after six months and it is compulsory for both the parties to get present in the court on the given date otherwise in the absence of either of them the petition will get cancelled. After these terms and conditions the couple still agrees to get divorce then the court passes the decree of divorce.

Contesting a Divorce Case

This can get you the worst phase as it is based on proving unnecessary evidences and facts. The court may give you date after date which can also get postponed. Basically, it is based on the factors of charges on each other, demand of alimony, proof, etc.

Fast Track Court

If you’re fighting for your case for more than 2 years then you may transfer it to the fast track court. This can affect your pocket a little bit but the final judgment will come in 6 months. Fast Track courts were established in the year 2000 in India to eliminate the factor of long pending cases in the courts.