Online Divorce Process Lawyer in India

By Team Legal Helpline India, June 1, 2021

Online Divorce Process Lawyer in India provides excellent online legal services for a mutual divorce between the parties. The lawyer seeks the entire details of the parties online and examines the same in-depth. After examination of the documents, the lawyer renders the advice and the steps involved in the process of online mutual divorce between the parties.

Online Mutual Divorce is now possible before the Family Courts hence it is possible for the parties to get their marriage dissolved through mutual divorce process. Since the proceedings are virtual and the entire filing is through the e-filing, the role of a divorce attorney becomes very important as he remotely handles the filing and grant of divorce between the parties.

IMPORTANT POINTS TO BE CONSIDERED BY THE ONLINE DIVORCE PROCESS LAWYER IN INDIA

i) The Place of marriage of the parties: This is very important aspect as it determines the location of the Family Court where the online Mutual Divorce petition  can be filed. Under the laws, the place of marriage creates the jurisdiction to file for online mutual divorce between the parties.

ii) The place of matrimonial home: Another important aspect the place of the matrimonial home of the parties. It is the place where the parties have resided after their marriage. In most cases, there are several places hence the online divorce process lawyer in India is required to examine this process in detail before determining the place where the online mutual divorce between the parties is to be filed.

iii) The present place of residence of parties: The place where parties are located is another aspect to be considered by the divorce lawyer so as to determine the jurisdiction of the court where the online mutual divorce between the parties can be filed.

In some cases, the parties are located at different places hence the jurisdiction of the court where the online mutual divorce petition is to be filed is to be examined by the divorce lawyer taking into consideration this important aspect in mind.

iv) The religion of the parties: This is another important aspect which determines the applicability of the law applicable on the parties for mutual divorce. If the parties are Hindu, Sikh, Jain, Bodh then the Hindu Marriage Act of 1956 is applicable on them and the petition for mutual divorce is filed under Section 13 of the Hindu Marriage Act. If the parties are Parsi, Christen then the Indian Divorce Act is attracted and the mutual divorce petition is filed under the said Act. In case the parties have different religion, the divorce is accordingly filed under the Indian Divorce Act.

v) Children of the parties: The details of the children to the parties is very important. The Online Divorce Process Lawyer in India has to consider all the aspects related to it and then advice the parties and then file the online petition for mutual divorce between them. If the children are minor then the issue of custody of the children is also to be taken into consideration before filing the petition for mutual divorce between the parties.

vi) The assets of the parties: The aspect of the asset of the parties is to be duly taken care as in most of the cases, the properties are in joint name of husband and wife which needs to be transferred in the name of any one of them or any special arrangement made between them before getting separated.

STEPS TO BE TAKEN BY THE INDIAN DIVORCE PROCESS LAWYER:

The parties are asked to forward their documents which are mainly the following:

Proof of Identity

Proof of Residence

Marriage Certificate, if available

Passport size photographs of both the parties

Marriage photograph if available

Marriage card if available

All the above and on the mutual terms and conditions between the parties, a Memorandum of Agreement for Divorce (MOU) is drafted by the online divorce lawyer in India. The said agreement for online mutual divorce is then forwarded to both parties online for their inputs. Once the parties agree to the MOU for the agreement for online mutual divorce, the next step is undertaken.

ONLINE MUTUAL DIVORCE PROCEEDINGS STAGES:

The petition for the First motion of the online mutual divorce is then drafted by the online divorce process lawyer in India. The draft is forwarded to both the parties who provide their inputs in the same. Based on the same, the petition along with the affidavit is signed by the parties.

The next step by the online divorce process lawyer in India is to file the said petition for mutual divorce online with all the documents.

The case is thereafter listed before the courts for appearance of the parties on a given date.

The online divorce process lawyer in India thereafter obtains the video link of the hearing and forwards the same to both the parties.

The parties join the virtual hearing before the court on the fixed date and time along with the lawyer.

The statement of the parties is recorded before the court and the online divorce process lawyer in India identifies them virtually.

The court accepts the First Motion and allows the online mutual divorce petition.

THE PROCEEDINGS OF THE SECOND MOTION:

The Second Motion of online mutual divorce is to be filed by the parties after six months and before 18 months of the recording of the statement before the Family court.

The entire process of drafting the Second Motion is completed and the petition is filed again after getting the signatures of the parties.

The case is again listed before the virtual court for hearing.

The online divorce process lawyer in India obtains the virtual link for hearing for the date fixed by the court and then forwards the same to both the parties.

The matter is listed before the Family Court on the fixed date and time.

Parties to the online mutual divorce appear before the court through the virtual link and make their statements.

Court accepts the statements of the parties to the online mutual divorce.

The court considers the entire facts and circumstances of the case and passes orders for grant of divorce to the parties on the basis of mutual consent.

The copy of the order and the decree of divorce is obtained by the divorce lawyer and then forwarded to the parties as the last stage.

The divorce proceedings are over and the parties are separated through the decree of divorce granted by the court.

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