Best Divorce Lawyers in Chennai

Petition submission: Your lawyers will file for Divorce in one of these places: The last place the husband and wife resided. The place where the bride and groom got married. The address of the wife’s current home.

Grant of first motion: A court order is made on the first motion after the responses are recorded. Once the case is turned in, both sides must record what they say in front of the judge. As was already said, it is taken that both people want to get a divorce of their own free will, which means that they agree to it. Because of this, both sides must make it clear that they agree to the Divorce. Both sides will have to explain why they are getting a divorce and how they have decided to split up their assets (visitation rights, child custody, etc.). Parties can give power of authority to someone else (preferably a family member) to talk for them in court if they can’t be there in person. After hearing both sides, the judge grants the first motion. Cooling off period: Before submitting the second motion, the couple has between 6 and 18 months to try to get back together. Only then can the Divorce be finalized and granted judicial approval. The couple will, therefore, need to wait at least six months before submitting their second request to the court. The court has the authority to reject a divorce that is mutually agreed upon if one of the spouses tells the judge that the other was not helpful in getting reconciliation.

Second motion: After six months, or even up to 18 months, the couple may file the second motion. The final hearings might start after the parties have decided to move further with the processes and present for the second motion. In order to do this, parties must appear in family court and have their statements recorded. The parties were given a six-month period, but the Supreme Court has determined that the court may waive that period at its discretion. Therefore, these six months can be dismissed if the parties have actually resolved any outstanding issues, such as child custody or other disagreements. So, the six-month rule may also be waived in this case if the court decides that the waiting period will only make their suffering worse.

Divorce decree: Both partners must have given their consent for the Divorce to proceed, and there cannot be any disagreements regarding property, maintenance, payments of alimony, child custody, or other issues. Therefore, the spouses must agree on all aspects of the final decision to dissolve the marriage if the court becomes convinced, following the parties’ testimony, that the claims are true and that a civil partnership or reconciliation is unlikely. After that, the court will declare the marriage to be void and issue a divorce decision. The Divorce is finalized after the court makes its ruling.

The fees for a divorce lawyer in Chennai can vary depending on several factors, including the complexity of the case, the lawyer's experience, and the duration of the legal proceedings. On average, fees may range from ₹25,000 to ₹1,00,000 or more for uncontested divorces. For contested divorces or cases involving additional legal issues like child custody or property disputes, the fees can be higher. It's essential to discuss the fee structure upfront with your lawyer to understand the costs involved and any additional charges that may apply during the process.

In India, lawyers don’t get paid a fixed amount. It could cost anywhere from INR 5,000 to INR 50,000 to get a divorce. This is because a lawyer’s fee is based only on their reputation, experience, and skill. This is completely because lawyers who are good at their jobs tend to charge more. This doesn’t mean that high-priced lawyers are always great lawyers. An inexperienced company that just opened a law office with a lot of young lawyers might be able to get the job done for a fair price. You’ll be glad to know that it all comes down to finding the right people and getting the best legal advice. If you want to get better Child care and alimony deals, you should hire lawyers who are better at negotiating.

That is a possibility, yes. The Hindu Marriage Act of 1955 allows for the filing of a one-sided divorce on a variety of grounds, including brutality, adultery, abandonment, conversion, mental illness, transmissible illnesses, presumption of death, and renunciation of the world. The term for this type of Divorce is “contested.” It must be submitted by the provisions of section 13 I (a) of the Hindu Marriage Act. In the case of a divorce that is one-sided, you have the option of filing for Divorce in HMA based on a wide range of extra grounds. Furthermore, the primary foundation for requesting this one-sided Divorce is that you have not communicated with your spouse for a period of at least one and a half years.

A wife in India has certain legal rights over her husband, including the right to receive support, the right to live in the marriage house, and the ability to seek Divorce on specific conditions. These rights are outlined in the Indian Constitution. Additionally, the husband is expected to offer his wife financial support, and he is not permitted to deny his wife fundamental necessities like food, clothing, and a reliable place to live. In addition, according to Indian law, it is illegal for a husband to cruelly treat his wife in any way, whether it be physically, mentally, or emotionally.

According to the law, in the event of a divorce or separation, the woman has the right to demand maintenance from the husband. In addition, she has the ability to demand a portion of the husband’s property, which includes both self-acquired and ancestral property.

Researchers have found that life after Divorce is more stressful for men than for women, causing them to lose their passion and become less healthy. 70% of the time, women file for Divorce. When it comes as a surprise, and there’s no time to get ready, it changes how guys deal with Divorce in a big way.

When they get married, women are more likely than men to build strong social bonds with family and friends. So, if they get divorced, they have a support system in place to help them heal and get better. On the other hand, a lot of men suddenly realize that their partner put in most of the work to keep relationships going during the marriage, and now those connections are rightfully hers and his to lose. Men are also known for being less likely to get help from a professional. They hold their feelings inside because they think that letting their guard down or crying makes them “less of a man.”

An Indian woman’s legal rights following a divorce are dependent upon a number of circumstances, including the form of marriage, the grounds for Divorce, and the laws that are in effect at the time of the Divorce. Listed below are some core rights that may be applicable:

:Maintenance: A woman who has been divorced is eligible to receive maintenance from her ex-husband under certain circumstances. The time and amount of maintenance are both dependent on a number of different factors.

Child custody: A woman who has been divorced may be entitled to decide who will have custody of her children. The court will make a decision about child custody based on what is in the child’s best interests and their age; if the child is below 5, then the custody of the child goes to the mother.

Property: The property that is obtained throughout the course of a marriage is regarded as joint property, and both the husband and the wife have an equal share in the property for the duration of the marriage.

Alimony: Alimony is a sort of financial support that is paid by the husband to the wife after the couple has divorced. A woman who has been divorced may be eligible for alimony.

Streedhan: The woman has the right to her Streedhan, and no one, not even the husband or his family, can take it away from her. Streedhan is a fundamental human right.

It is essential to keep in mind that the legal rights of a woman in India who has been divorced can vary based on the particular circumstances of the case and the laws that are in effect.

When searching for the best divorce lawyer in Chennai, consider their experience in family law, especially handling divorce cases. Look for a lawyer with a strong track record of successful outcomes, good communication skills, and the ability to provide personalized legal advice. It’s also important that they show empathy and understanding towards your situation, as divorce can be a highly emotional process. Additionally, seek recommendations and reviews from previous clients to ensure you’re making an informed choice.

It is clear that Divorce is a costly process, as evidenced by the alimony payments that have been recorded in high-profile cases. It is common for divorce settlements to become a considerable portion of a person’s net worth, even though the average person may not be required to pay crores in financial compensation. The spouse who is financially fragile has the right to request financial support from the spouse who earns more money. This includes both interim maintenance and final alimony. When it comes to the majority of situations, the wife is the one who is provided with this support. “If the wife has inadequate or no financial independence to cover herself and the costs of the proceedings, the court may, on a motion by the wife, order the husband to pay the costs of the lawsuit and also an allowance every month during the course of the proceeding,”

Maintenance can also be claimed by small children, adult children who are physically or mentally challenged, adult daughters who are not married, and by the mother or father of a spouse who is unable to maintain themselves. As a result, the settlement is affected by child custody. In the event that the wife is granted custody of the kid, the expenses associated with the child must be incorporated into the alimony payment. There is an unusual route for relief that the law affords to a wife alongside alimony, and that is the distribution of joint property. Any item that is offered at or around the time of the marriage and that may be considered to belong jointly to both the husband and the wife. This indicates that the court has the authority to make choices on the allocation of assets held by both the man and the wife, including streedhan, joint property, and other things that the pair had possessed prior to and during their voyage through the marriage journey. This decision is based on the facts and circumstances of the case.

A significant decision regarding the right to residence: In accordance with the Protection of Women from Domestic Violence Act of 2005, a woman has the legal right to assert that she has the “right to reside” in her marital home. Furthermore, the right to residence was recently decided by the highest court in the case of Satish Ahuja versus Sneha Ahuja. In this case, the court ruled that a wife’s right to residence is of the utmost importance, regardless of whether or not she is employed.

The husband must submit a separate petition for Divorce to the court if he decides to divorce his wife under these circumstances. It is only under certain circumstances, such as cruelty or adultery, that a spouse can submit such a petition by themselves. As part of the divorce proceedings, the husband will be asked to provide evidence of the reasons for Divorce that he has requested, while the wife will be compelled to deny the charges. If the allegations made by the husband are shown to be true, the court will grant a divorce even if the woman does not wish to divorce. If the court determines that the allegations are false, the divorce petition will be rejected

Women have the legal right to file for Divorce without the consent of their husbands in situations when they have committed adultery, cruelty, physical or mental abuse, or any combination of these characteristics. The Hindu Marriage Act of 1995, for instance, specifies that both the husband and the wife have the right to receive alimony and maintenance for the rest of their lives simultaneously. When a couple is married by the Special Marriages Act of 1954, the only person who is qualified to receive permanent alimony and maintenance is the woman. When a couple decides to divorce themselves with mutual consent, the decision of whether or not alimony or maintenance is to be paid by either party is determined by the spouses who are involved in the Divorce. In situations like these, alimony or maintenance payments could be made by either the husband or the wife, depending on the arrangement that both parties have reached between themselves. The decision about the Divorce is handed down by the court based on the parameters that were agreed upon by both parties. Both parties are legally bound by the decree, which can be enforced in court.

When it comes to maintenance laws, there is no set method or hard rule that says how much one spouse has to pay the other. It is possible to give the amount required by the maintenance rules as a lump sum payment or as a payment every month. The Supreme Court of India says that if the support is paid once a month, the husband should give the wife 25% of her net monthly salary. If the support is paid all at once, it’s usually around a fifth to a third of the husband’s total wealth. In addition to these, the court looks at the following things when figuring out the amount of maintenance:

• 1.How well off and how much money both groups have.
• 2.The husband’s and wife’s income and other assets, such as properties
• 3.People who depend on and owe money to the husband
• 4.The cost of educating and caring for a child
• 5. The health and age of both people
• 6.The length of time the couple has been married
• 7.Behavior and actions of both sides
• 8.The court makes decisions about maintenance rules based on a number of factors and the unique details of each case.

In order to file for Divorce, any one of the spouses is required to give their consent. It is possible for one of them to file for Divorce unilaterally, without the consent of the other, if they think that they have sufficient grounds for Divorce. In the event that your partner does not agree to a divorce based on mutual consent, you have the option of submitting a petition utilizing any of the grounds that are outlined in Section 13(1) of the Hindu Marriage Act.

Before filing for Divorce, couples often talk about the idea of getting a divorce in secret. This is when they can talk about their problems and look for ways to fix them. If the husband doesn’t want to get a divorce, the wife can do the following:

First, she should talk to a lawyer to find out what she can do if her husband doesn’t want the Divorce. A lawyer can tell her what to do next and help her with legal issues.

Second, make it clear that the marriage is over. Say that she wants a divorce and plans to go through the formal process to get one.

Third, if the husband still refuses to divorce and a divorce petition is made, both sides must go to court and be seen by a judge. If the court thinks that the couple can get back together, they will try to find a way to do that instead of getting a divorce. So, if the husband doesn’t want to get a divorce, the court may try to make that happen.

Fourth, be ready to talk things over. Although he denied it at first, her husband may finally agree to a divorce settlement that is good for both of them.

Fifth, proof: Both sides must present proof to back up what they are saying. If the husband doesn’t want to get a divorce, he will have to show proof that the Divorce isn’t necessary. In the same way, the wife would have to prove why she wants the Divorce. This is to make sure that fake accusations aren’t used to get someone in trouble.

Trial: Both sides will go in front of a judge and call witnesses to back up their claims. The judge will say whether the Divorce is allowed or not after the hearing is over. If the judge rules in favour of the wife, the Divorce will go through even if the husband doesn’t want to.

Appeal: If the husband refuses to give the Divorce and one of the parties thinks the choice was wrong, they can appeal it and get a different outcome.

Each individual who is going through a divorce is responsible for paying their own legal bills, according to the usual norm about who pays the legal fees in a divorce.

If, on the other hand, only the husband is employed and the woman is dependent on him, then the spouse who is financially vulnerable has the right to request financial support from the spouse who earns more money under the interim maintenance arrangement. When it comes to the majority of situations, the wife is the one who is provided with this support. On the basis of an application submitted by the wife, the court may order the husband to pay the expenses of the case if the wife does not have sufficient or any separate source to support herself and the expenses associated with the proceedings.

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After the cooling period of mutual Divorce, the couple is able to get a divorce. In general, the time it takes for a mutual divorce is shorter than the time it takes for a contested divorce.

The process of getting a divorce is a lengthy one that can take anything from a few months to many years. On the other hand, to facilitate rapid trials and reduce the load of paperwork, the courts strive to conclude contentious divorce cases within three to five years.

If both people get a divorce, the law says that the wife has no rights to the property that is in the name of the husband. The Registration Act of 1908 says that the property goes to the person whose identification is on the registration. When it’s brought to the bank, the person whose name is on the loan agreement is responsible for paying the loan payments.

In the event that the wife does not help financially with the building of the house, the husband cannot legally ask her to leave until they are divorced by a court. According to the law, she can stay in the house until their marriage is dissolved by a court. While the wife can ask for support and money to help her and her kids make ends meet after the Divorce, she can’t ask for the land as part of the settlement.

When there is a split, however, the husband will keep full ownership of the apartment, and the wife may lose all rights to it. In a different case, if the husband and wife bought the flat together, but the husband’s name is on the title, the wife can not assert it. She can, however, show that she helped pay for the house by showing bank records and other proof.

If the land is listed as joint property, the woman can get a share of it if the couple gets divorced. The court can give her a share as part of the divorce settlement based on the value and percentage of the payment.

It is not possible for a spouse to stop the divorce process by refusing to participate together. You are able to demonstrate that your ex-spouse has received the divorce papers; nevertheless, with a few further steps, you may show that they have refused to cooperate. It is possible that the court will move forward with the divorce application under these circumstances.

In India, marriage is a very important and holy tradition. It’s more than just a legal contract; it’s also a strong social and cultural bond that brings two people and their families together. In India, marriage is governed by many religious practices and laws. It is often seen as a binding promise that comes from deeply held cultural values and social norms.

Different communities in India have different marriage and divorce rules because the country is very diverse and has many religions living together. So, getting married a second time without getting a divorce is a tricky legal problem that involves personal rights, religious beliefs, and social expectations.

Parts 494 and 485 of the Indian Penal Code say that someone who commits bigamy, which is a second marriage without Divorce, will be punished. Then, based on the crime, they could go to jail for seven years or longer. Sometimes, a fine is added on top of the jail time, or sometimes, both are added together, based on how bad the crime was. In section 17 of the Hindu Marriage Act of 1955, it says this. Since this is not a legal relationship, it is a crime to do it under that person’s name. If the wife or husband is upset, they should talk to a divorce lawyer first before doing anything else.

There are two ways to file a divorce in India:

• 1. Mutual Divorce
• 2. Contested Divorce



A petition filed in court is the first step in the divorce procedure for either form of Divorce. In order to initiate the process of dissolving the marriage, it is necessary to submit a petition for Divorce to the court, even if both partners are in agreement that they want to divorce. According to the legal system, this individual is referred to as the petitioner, while the other spouse is known as the respondent.

Mutual Divorce is a term that is used to refer to a situation in which both spouses have reached an agreement to dissolve their marriage and are prepared to work together to ensure that the process goes as smoothly as possible before the Divorce is finalized. The parties to a mutually beneficial divorce often reach an agreement on matters such as the division of property, the custody of children, and the amount of alimony to be paid.

There are still a great deal of legal difficulties that need to be addressed despite the fact that a mutual divorce could appear to be a smooth process. It’s possible that you won’t need to hire a lawyer if you and your spouse are able to communicate well and have reached an agreement on the details of your Divorce. Nevertheless, even in this circumstance, it is absolutely necessary to have any agreements written down and to have them examined by a legal professional in order to guarantee that they are equal and legally enforceable.

A divorce petition, which is the first step in getting a divorce from the court, can’t be sent to the court before one year has passed from the date of marriage. This means that you can’t get a divorce within three months of getting married, but you can try for judicial separation as you do need to complete one year of your marriage to separate. Judicial separation is a temporary separation, so after one year is completed, you can try for mutual or contested Divorce in the court according to the nature of your Divorce.

No, it is not feasible for you to lawfully obtain a divorce without having to go through the court system. Due to the fact that you are legally married, the only way to complete the necessary paperwork for a divorce is through the court system. In the event that both parties are prepared, you should pursue a divorce through mutual consent. In this scenario, you will only be required to appear in court four times, each time on a separate date. The only way to legally divorce your spouse if your marriage has been lawfully solemnized is through the court system. It is necessary to pursue a contested divorce, which calls for the involvement of two attorneys, in the event that one of the parties is prepared to divorce while the other is not.

Even if the parties reside under the same roof but are not in a physical connection, the court will determine the parties to be separated and will consider the criteria of one-year separation to have been satisfied. Separation between the parties is defined as the absence of living in a husband and wife relationship for a period of one year. In the event that both parties declare that they have been living apart for a period of one year beginning on a specific day or month and continuing until the date or month in question, the court will consider this to be living apart for one year and will proceed with the first request for Divorce by mutual consent.

Someone who works as a family lawyer or a divorce lawyer can help you with your divorce case. Divorce means ending your marriage or relationship legally. In India, the divorce papers and process can take a long time and be hard because many papers and proof are needed to get a divorce.

In India, the following papers are needed to write divorce papers:

• 1.Proof of address for husband
• 2.Proof of address for the wife
• 3.Each and every aspect of the petitioner’s job and pay.
• 4.Last two to three years’ Income Tax Statement and other paperwork connected to it.
• 5.Information and details about the petitioner’s family history.
• 6.List of the petitioner’s assets
• 7.Certificate of marriage
• 8.There must be proof that the couple has lived apart for a year.
• 9.There must be proof that the efforts at reconciliation failed.

In India, you may need other papers to write your divorce papers. These papers are interpreted based on the needs and reasons that are being contested by the parties.