Divorce is a hard thing to decide on, and then the legal process can be quite intimidating. In India, divorce can be sought under two broad heads: mutual consent (contested) divorce and disputed divorce. There are plenty of couples who ask what the differences are between contested and uncontested divorce, and which is better for them.
In this post, we’ve covered the main differences in the process, the timeline, and potential costs. We’ve also highlighted how getting advice from a legal professional can make the path easier to follow and support you in making decisions during this difficult period.
What is the meaning of mutual divorce?
Agreed divorce or mutual divorce meaning is one where the parties have mutually agreed upon all matters, including maintenance, child custody, property maintenance, and other terms herein. This kind of divorce is considered simpler, quicker, and less traumatic to the nerves of the parties involved than its opposite, the contested divorce.
What is a Contested Divorce?
A contested divorce is when one spouse wants a divorce, and the other spouse either doesn’t consent to that divorce or contests the divorce. In these cases, the following can be disputed:
- Child custody
- Alimony or maintenance
- Distribution of assets
- Reasons for divorce
In such situations, the court steps in to settle the disputes by evidence and legal briefs.
Key Differences: Contested Vs. Uncontested Divorce
- Consent
- Uncontested Divorce: Both parties agree or have mutual consent
- Contested Divorce: Where one party contests.
- Length
- Uncontested Divorce: 6 months to one year
- Contested Divorce: 2-3 years and even more
- Complexity
- Uncontested Divorce: Easy/Smooth sailing
- Contested Divorce: A legal matter with numerous hearings
- Cost
- Uncontested Divorce: Less legal fees
- Contested Divorce: More expense
- Emotional Stress
- Uncontested Divorce: Lower stress levels
- Contested Divorce: Stressful and slow arm wrestling between the two sides.
Divorce Process in India
The time to complete and intricacies of the divorce procedure differ depending on whether the divorce is more consensual or if it’s adversarial.
Uncontested Divorce Procedure
- Filing of a joint petition by both spouses involved.
- Recording of first motion statement.
- Cooling-off period (6 months).
- Recording of the second motion and the final decree.
Contested Divorce Process
- Filing of a petition by one of the spouses.
- Issuance of a notice by the court to the other spouse.
- Submission of replies and evidence.
- Examination and cross-examination.
- Final arguments and judgment.
Divorce Legal Requirements in India
Considerations for divorce legal requirements India are as follows:
- A Valid marriage as per the law/legal marriage
- Valid grounds for divorce (applicable in Riotous Divorce case only)
- Mutual consent (applicable in uncontested cases)
- Jurisdiction of the court
- Documentation and evidence
Grounds for Contested Divorce
The grounds for a contested divorce in India are as follows:
- Cruelty
- Adultery
- Desertion
- Conversion of religion
- Mental disorder
- Communicable diseases
- Renunciation of the world
The grounds need to be substantiated with proper evidence in court.
Time and Cost of Contested vs Uncontested Divorce
In comparing the divorce procedure timeline and cost, it is clear that there is a big difference.
- Mutual divorce is fast and inexpensive because it is agreed upon.
- A contested divorce takes longer, is more complex, and more costly given the lawyer fees.
The price of a divorce depends on the advocate and the proceedings.
Which Option is Better?
The appropriate choice in either case, “contested vs uncontested divorce in India,” would depend on the details of that case, as follows:
- When husband and wife are agreeable, then they should opt for divorce by mutual consent.
- If these matters remain unsettled, you then proceed to a contested divorce.
You should get legal advice to enable you to review the case properly.
Why Choose Shape Legal?
If you have divorce-related issues, a professional divorce lawyer or a trusted advocate becomes necessary, as they are the ones who help you in making the procedure hassle-free and time-bound.
Choosing the right partner is highly crucial. When you choose a shape legal for divorce lawyer in Janakpuri, we facilitate you with:
- Expert legal advice according to your needs
- Help with documentation and court procedures
- Strong legal representation for a contested divorce
- Support for fast and easy mutual separation
Our team of highly experienced advocate in West Delhi ensure everything is super easy and smooth for our clients, no matter whether it is a contested or uncontested divorce.
Conclusion
Understanding the difference between contested and uncontested divorce is certainly going to assist you in making the right decisions at such a crucial time. There are advantages and disadvantages for both types of divorce – mutual and contested, but the main reason why the processing time is longer for the contested one is that it is possible to resolve your differences through the court.
Professional support can help you navigate the process with clarity and confidence, and the fewest hiccups possible.