How Long Does A Divorce Take If One Party Does Not Agree In India

4 min readApr 5, 2023

In India, married couples’ connection is revered as a sacred connection of spirits. But, you always have the option to forgo the divorce if your unhappy marriage continues. Both partners must consent for there to be a divorce by mutual consent.

On the other hand, a one-sided divorce, usually referred to as a contested divorce, occurs when one partner requests a divorce and the other party is not agreeing to it.

Divorce is contentious when one partner files for divorce and is ready to move on from the other partner, but the other partner does not agree to it.

In this case, the divorce proceedings are conducted in court, and the judges, not the parties, make decisions about matters such as property division, custody of children, maintenance, and alimony.

Procedure for Contested Divorce in India

The aggrieved party must find a divorce lawyer to help them with a contested divorce. The entire process, which encompasses the following phases, is unpleasant.

Submission of the Divorce Petition- An experienced divorce lawyer in India must prepare a contested divorce petition stating the issues and issues that have emerged as a result of the marriage and the grounds for which the petitioner desires to file for divorce after seeking divorce guidance and choosing the right court. After the court accepts the divorce petition and legal notice of divorce, the other spouse will be served with a summons informing the parties of the filing of divorce.
Reactions of the Opposite Party- Following receipt of the summons, the opposing party is required to submit a reply to the petition detailing their position regarding a one-sided divorce. If the opposing party fails to appear at the hearings, the court may render a decision based solely on that side’s evidence.
Voluntary Process of Mediation- A skilled neutral third party, a mediator, oversees the informal dispute resolution process of mediation. The goal of mediation is to bring two parties together to address concerns, clear up any misunderstandings, and find a solution that is totally optional.
Submission of Proof and Evidence- A point of determination is when the court makes a ruling. Any proof or evidence pertaining to these issues may be requested by the court. The proof should be presented first by the petitioner’s spouse. The opposing party’s lawyer conducts a cross-examination. The response party then presents their evidence before the court makes a decision and gets the closing argument.
Arguments and Final Decision- The parties hold final arguments following the presentation of the evidence. The concluding arguments are the crucial major factors in a judge’s order to terminate a marriage. And the court makes a final decision and issues a one-sided divorce order after hearing all the arguments.

How much Time is required to obtain a Contested Divorce?

As the name suggests, a contested divorce involves a very drawn-out and difficult process where one person is ready to separate but the other person does not want to separate.

A contested divorce requires a lengthy process since the spouse seeking the divorce must first carefully select the lawyer who will represent their needs and interests in court.
When submitting a request for a contested divorce, the disputing spouse must be able to gather enough proof and evidence to make their petition unassailable in support of their claims against their spouse.
Such a petition’s preparation is a laborious task that takes some time to finish.
Following the petition’s filing in the appropriate court, the judge hears the claims and defences made by both parties and only continues on with the petition if satisfied.
Numerous hearings take place over the course of months, and they may last years if all the evidence and witnesses are presented and thoroughly examined.
In addition to providing one side of the story, the procedure also provides the other spouse a fair opportunity to defend themselves.
A contested divorce case normally takes two to three years to complete, and in highly complex situations, up to five years.
If the dissatisfied spouse then files an appeal against the family court’s decision with the high court, the entire procedure is wasted, and it may take a while for the divorce to be finalised.

You will need a lawyer to complete the contested divorce process smoothly within less time if possible. If you want to complete your contested divorce smoothly in Bangalore, then Divorce lawyers in Bangalore can be hired, and if you want to complete your contested divorce smoothly in Chennai, then Divorce lawyers in Chennai can be hired.

Similarly, Divorce lawyers in Hyderabad can be employed if you want to complete your contested divorce smoothly in Hyderabad.

At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.

SOURCE:-