Divorce Lawyers in Chennai | Important Steps to Follow

Divorce is a challenging process, both emotionally and legally. Navigating through the complexities of divorce laws requires the expertise of a skilled lawyer, especially in a city like Chennai, where the legal landscape can be intricate. Whether you're considering a divorce or are already in the process, understanding the steps involved and choosing the right lawyer can make a significant difference. This guide will walk you through the essential steps to follow when dealing with divorce in Chennai and how to select the best divorce lawyer for your case.

1. Understanding the Grounds for Divorce

In India, divorces can be filed under various grounds as per the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and other personal laws depending on the religion. Common grounds include:

• Adultery: Infidelity by either spouse.

• Cruelty: Physical or mental abuse.

• Desertion: Abandonment for a continuous period, usually two years.

• Conversion: Change of religion by one spouse.

• Mental Disorder: If one spouse is suffering from an incurable mental illness.

• Communicable Diseases: Diseases like leprosy.

• No Resumption of Cohabitation: After a judicial separation.

Understanding these grounds will help you decide the basis on which to file your divorce.

2. Consulting a Divorce Lawyer

Once you decide to proceed with a divorce, consulting a skilled divorce lawyer is crucial. In Chennai, there are many experienced lawyers who specialize in family law and can guide you through the legal process. When choosing a lawyer:

• Experience Matters: Look for a lawyer with significant experience in handling divorce cases.

• Reputation: Research the lawyer’s reputation. Online reviews and word of mouth can provide insights.

• Comfort Level: You should feel comfortable discussing personal details with your lawyer. Trust is key.

3. Filing the Divorce Petition

The next step is to file a divorce petition. Your lawyer will help draft the petition, which will include:

• Details of Marriage: Date and place of marriage, names and details of both parties.

• Grounds for Divorce: The specific reason(s) for seeking a divorce.

• Alimony or Maintenance Claims: If applicable, the petition will mention the financial support one spouse is seeking.

• Child Custody: If there are children involved, the petition may include custody and visitation rights.

Once drafted, the petition is filed in the family court.

4. Service of Summons

After filing the petition, the court issues a summons to the other spouse, informing them of the divorce proceedings. This step is essential as it ensures that both parties are aware of the case.

5. Response from the Other Party

The spouse receiving the summons is required to respond. They can either:

• Agree to the Divorce: In this case, the divorce may proceed without much contest.

• Contest the Divorce: If the spouse disagrees with the grounds or terms, they can contest, leading to a trial.

6. Mediation and Counselling

In many cases, especially when children are involved, the court may suggest mediation or counselling. The goal is to explore the possibility of reconciliation or to resolve matters like alimony and child custody amicably.

• Mediation: A neutral third party helps both spouses reach an agreement.

• Counselling: Professional counselling may be recommended to help the couple address their issues.

7. Trial and Hearing

If mediation fails, the case goes to trial. During the trial:

• Presentation of Evidence: Both parties present evidence supporting their claims.

• Witness Testimony: Witnesses may be called to testify.

• Cross-examination: Lawyers from both sides question the witnesses.

The court then reviews all the information before making a decision.

8. Final Decree

Once the trial concludes, the court issues a final decree. This decree finalizes the divorce and includes:

• Dissolution of Marriage: The marriage is legally ended.

• Alimony/Maintenance: The decree will specify any financial support to be provided.

• Child Custody: The decree will outline custody arrangements, including visitation rights.

• Property Division: The decree will also address how marital property is to be divided.

9. Post-Divorce Matters

After the divorce is finalized, there are additional matters that might need attention:

• Name Change: If you want to revert to your maiden name, you may need to follow a legal process for name change.

• Updating Documents: You may need to update legal documents such as your passport, Aadhaar card, and bank records to reflect your changed status.

10. Choosing the Right Divorce Lawyer in Chennai

Selecting the right divorce lawyer is one of the most critical decisions you’ll make during this process. Here are some tips:

• Specialization: Ensure the lawyer specializes in family law and has extensive experience in handling divorce cases.

• Success Rate: Look into the lawyer’s track record in winning cases similar to yours.

• Accessibility: Your lawyer should be accessible and responsive to your needs.

• Fee Structure: Understand the lawyer’s fee structure. Some lawyers charge a flat fee, while others charge by the hour.

Conclusion

Divorce is a complex and emotionally draining process. Having a clear understanding of the steps involved and choosing a competent divorce lawyer in Chennai can make the journey smoother. Remember, the right legal support can not only help you achieve the desired outcome but also provide the necessary emotional support during this challenging time. Whether you are just considering divorce or are already in the midst of it, following these steps will help you navigate the process with greater ease and confidence.