top of page
Search
Writer's picturethelila500
Mar 4, 20233 min read

Why Divorce Should Be In The Court Instead Of Mutual Discussion

Reaching an agreement during a divorce can be difficult, especially if there are children involved. A divorce has the primary drawback of requiring the parties to put up the effort to discuss the terms of the divorce without a court.


The ex-spouses may find it difficult to agree on the distribution of properties and the operation of parental authority. Therefore a divorce should be conducted in court rather than any mutual discussion between the couples.


The new amicable divorce procedure mandates that both parties hire lawyers. Therefore, it is important for the parties to hire their own lawyers and amicably settle the issues in front of the court in a divorce process.


Divorce in Court

There are various approaches to seeking a divorce. You can attempt to agree on how you will divide your assets and raise your children, assuming that you and your partner get along well. To address these disagreements, you can negotiate on your own or with the assistance of lawyers or a mediator. However, you will need to appear in court if you are unable to reach an agreement.


The wishes of the parties, which have been reached by mutual discussion between them and are occasionally founded on dishonesty, fear, or compromise, are given basic judicial backing. Therefore, appearing in court for the divorce process is always advisable.Delivering justice and balancing the concerns of the parties before a court are the fundamental reasons why courts are established.


This can be accomplished by listening to the parties' arguments, examining the evidence presented by them in assistance of those arguments, and then rendering a decision while taking into account the welfare of the party who is the less advantageous litigant between the two, which does not occur in divorce with mutual discussion.


The Court's underlying presumption in divorce is that the parties are equal and both on equal footing, despite the inherently present bias. This basic presumption is unstated and unwritten.


The Court ensures that the parties have made their decisions considering what is beneficial for them, ignoring the reality that abuse of a dominating position is the cornerstone of such a "settlement."

Role of Lawyers for Divorce in Court

  • The divorce case must initially be submitted to the court. The documents will request that your marriage get dissolved as well as any additional remedies you may require, including spousal support, debt and property split, a prohibition on the loss of assets, custody and visitation rights, child support, and legal costs. A petition for a protection order or for sole ownership of the previous marital residence is also possible.

  • - Each side will engage in discovery in order to "find" all of the relevant case facts. You might have to provide written responses within predetermined deadlines under oath. You can be asked to confirm or refute different claims while being called in. Additionally, you can be asked to provide information on your accounts, your mortgage, your statements and receipt of your credit card etc.

  • A Pre-trial meeting may be scheduled by the competent court, during which you can inform the judge of your expectations for the trial's duration, the issues that still need to be resolved, and other details. Lawyers may agree to conditions about certain concerns. Additionally, the court may rule on some motions of pre-trial, including whether or not to allow particular evidence at trial.

  • The witnesses must all be ready. It is necessary to arrange, duplicate, and label every document. The lawyers take care of all this documentation work for a smooth divorce process.

You will need a lawyer to amicably take the divorce process through the court procedure instead of you mutually discussing it. Divorce Lawyers In Kolkata can be hired if you want to file divorce cases in the court of Kolkata, and if you want to file divorce cases in the court of Mumbai, then Lawyers In Mumbai can be hired. Likewise, Lawyers In delhi can be hired if you want to file divorce cases in the court of Delhi.


From Lead India, you can talk to a lawyer. You can ask a legal question online for free at Lead India, giving you access to free legal advice online.


Call Us: +91–8800788535


1 view0 comments

Comments

Post: Blog2_Post
bottom of page