A divorce becomes contentious if your spouse declines to sign the divorce documents. Although the divorce still proceeds, the procedure probably takes longer.
A contested divorce occurs when just one spouse wants to get a divorce, and the other spouse is unwilling to do so by not signing the divorce papers. However, depending on the parties' respective religions (personal laws) or the statutes under which divorce is sought, such as the Hindu Marriage Act, Christian Divorce Act, Muslim Personal Laws, etc., the grounds may be slightly different.
Potential Issues in a Divorce Case
Even if your husband refuses to sign any documents, you can still obtain a divorce. This aspect, though, can slightly alter the procedure. Therefore, you must specify one of two grounds in order to obtain a no-fault divorce. It includes when:
Adultery
Mental Cruelty
Both parties concur to file for divorce.
Separation extending to a year
You cannot claim mutual consent if your partner refuses to sign the divorce papers. You must instead apply for a fault-free divorce on the grounds of a year of separation. This may cause the process to take much longer. The best part is that you can satisfy this criterion without your spouse's consent. Before filing, you merely need to live separately from the other person for a year and refrain from any sexual activity and prove the case of adultery or mental cruelty against you.
If your husband refuses to sign, they might decline to take any further part in the divorce proceedings. You can still get a divorce, but it won't be as straightforward as if you and your spouse worked together mutually.
You can still submit the divorce petition, and if your spouse doesn't respond or show up for court appearances, you can prove that you made enough effort to serve your spouse with divorce papers, for which the judge may grant a court judgment.
Role of Lawyers
Help in re-serving the divorce papers- The Lawyers help in reserving the divorce papers to your spouse so that it would help in the court proceedings to produce evidence that you have sent the divorce papers and your spouse has received them.
Provide with the idea of a Process Server- Someone who physically serves legal papers to the respondent is known as a process server. The lawyers provide the idea of using the database to find someone and serve divorce papers by going to their house, place of business, or another known address. The process servers provide a document as proof that the divorce papers were actually delivered.
Help in Drafting an Application for Dispensed Service- If everything else fails, the final option is to move forward with the divorce by filing an application for dispensed service. You would need to demonstrate to the judge that you used all available means to get in touch with and notify your spouse of the impending divorce through the help of lawyers.
Everyone suffers from stress throughout a divorce. The divorcing spouse could require legal assistance to file the divorce petition and carry out the divorce in a proper manner. If the other spouse is reluctant to aid or collaborate to bring about a favorable end to the divorce, then the lawyers come into the picture.
Thus it is advised to hire a divorce lawyer because getting a Contested Divorce, in particular, can feel like a war. While the lawyer will need to interact with you in order to obtain information for the case, he or she will also handle all the paperwork, giving you more time to look after yourself and your family. Due to his years of expertise with situations like yours, an experienced divorce lawyer can give you professional guidance on how to approach your divorce.
If any situation like yours arises in a divorce and you want to file a contested divorce case in Gurgaon, then a Divorce Lawyer in Gurgaon can be appointed. Also if any situation like yours arises in a divorce and you want to file a contested divorce case in Cuttack, then a Divorce Lawyer in Cuttack can be assigned. Likewise, a Divorce Lawyer in Delhi can be assigned if any situation like yours arises in a divorce and you want to file a contested divorce case in Delhi.
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