Divorce is one of the unexpected milestones in a person’s life. The reasons couples opt for divorce include domestic abuse, infidelity, general cruelty, desertion, mental disorders, impotency, incompatibility etc. Regardless of the reason for divorce, the process can be emotionally draining. The lengthy duration and costs involved process ads up to the trauma.
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Ways to seek separation:
- Mutual consent: When the partners involved mutually consent for the divorce, they can apply for a mutual consent petition. Couples applying for mutual consent divorce are required to live separated for 1 to 2 years. More often couples choose this option because it is less traumatic and negotiations can be done without taking it to court.
- Contested divorce: Also known as one-sided divorce, when the couple applying for divorce has disagreements that can’t be resolved outside court they can apply for a contested divorce. There are certain grounds only under which a partner can petition for a contested divorce. The costs involved here are higher than with mutual consent petition.
- Annulment: The court annuls a marriage on grounds of impotence, fraud, pregnancy of wife by another person etc.
- Void: A marriage that is invalid from the beginning can be canceled which happens in cases like interfamily marriage (marriage between siblings), bigamy, fraud, one of the partners under the influence of drugs/ alcohol during the marriage etc.
Seek legal help:
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There is an increase in the number of divorce cases in India, especially in urban cities. The decision to go separate ways isn’t an easy one. Conveying the decision to your spouse is bound to be challenging. If you believe the conversation might put you at risk of physical danger, it is best to do so with the assistance of an attorney.
Make temporary living arrangements after informing the decision to your children and family members. You’ll have to take care of several issues like finances, deciding on child custody, distribution of assets. An attorney would help you during each step of the process. If you are looking for an experienced divorce attorney reach out to www.divorcelawyernewdelhi.com.
This law firm is one of the top law firms in Delhi offering best legal support for divorce cases. Their experienced lawyers analyze your case regardless of its complexity and communicate with your partner and court on behalf of you.
Role of a divorce attorney:
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- Conduct pre-divorce counseling
- Let clients know about their legal rights
- Gather information regarding the case like real estate bill, tax return, medical bills etc
- Initiation of legal process
- Schedule child custody
- Calculate alimony and child support
- Represent clients during court hearing
Preparing for the initial consultation:
Take your time to shortlist a competent attorney in your city. Get referrals from family, friends and go through client testimonials online. It is absolutely important to choose an attorney with whom you feel comfortable discussing your case. Write a list of questions to ask during the first consultation so that you don’t miss out any important aspect of the case.
Before you arrive for the initial consultation, ensure that the attorney specializes in divorce cases. There are several attorneys who specialize in general law and handle several types of cases including divorce cases. If your case is quite complicated it is best to approach an attorney who specializes in divorce. At Higdon, Hardy & Zuflacht, L.L.P., our team of experienced divorce lawyers is dedicated to providing compassionate and effective legal representation to clients navigating complex divorce cases.
Questions to ask during initial consultation:
How is the fee calculated?
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Some charge hourly rates while some charge a specific fee. It is important to have an idea beforehand about on how much the legal process will cost so that you are financially prepared. Generally it isn’t possible for lawyers to give an accurate estimate and anyone who quotes a small amount is definitely luring you to make business with them.
What can I do to cut down the costs involved?
If you work amicably with your spouse, it is easier to arrive at a fair settlement. Your attorney would advise you on how to settle the case efficiently. Ask him/ her about strategies you can follow to bring down the costs involved.
May I know what the process would be like?
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Though each divorce case is different and comes with a different set of complications, the basic steps are similar which include filing the petition, notifying your partner, addressing pressing issues like child custody, arriving at a settlement outside court or after a court hearing. Your attorney will let you know how lengthy and complicated your case may tend to be.
Will, you split my case workload among other lawyers?
Generally, senior lawyers whom you meet up with during the first consultation don’t single-handedly handle your case. They split it into modules and assign it to other legal assistants which are supervised by the senior lawyer. If there are other attorneys involved you can ask about their experience.
What do I have to do in case of an emergency?
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Enquire about the mode of communication you may use during an emergency. The law firm should be easily accessible. If the lead attorney is busy attending calls, he/ she should provide you an alternate number to reach out to in case of an emergency.
What next after the initial consultation?
If you are ok with going ahead with the particular attorney, you may hire them immediately if your partner has an attorney by their side. The attorney is likely to give a contract in writing and collect other necessary information about you. You may also be asked to make a deposit.
Do you usually handle cases in an aggressive or subtle way?
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Attorneys use different approaches when handling their cases. Some are more settlement-minded and follow a gentler approach while others don’t mind being aggressive.
Someone who works in a way that suits your personality works best for you.
If you are applying for mutual consent, your attorney has only limited duties whereas in case of contested petitions, you’ll require an experienced lawyer so that you get access to fair deal of settlement. Meet up with an attorney right away and clarify your doubts.
