When both husband and wife agree to separate, they can file a joint petition in the Family Court. Under Section 13B of the Hindu Marriage Act, the couple should have been living separately for at least one year. After filing, there is a waiting period of six months before the final hearing, which the court can waive in suitable cases. Matters like alimony, custody of children and return of gold, money or property are settled in writing between the parties.
If one spouse does not agree to the divorce, the other spouse can file a petition on grounds allowed by law, such as cruelty, desertion or adultery. The case goes through notice to the other side, counselling or mediation, evidence and arguments. Contested cases take more time, and many of them get settled in between and are converted to mutual consent.
The applicable law depends on how the marriage was conducted. This will be checked at the first consultation.
Divorce cases are filed in the Family Court. In Thiruvananthapuram district, there are Family Courts at Thiruvananthapuram, Attingal and Nedumangad. A case can usually be filed where the marriage took place, where the couple last lived together, where the other spouse is living, or in the case of the wife, where she is living now.
If one or both of you are living abroad, a mutual consent divorce can often be done with very few court visits. With the court’s permission, some hearings may also be attended through video conference. You can discuss this at the first consultation.
After one year of living separately, the court process usually takes around six months because of the waiting period. If the court waives this period, it can be completed earlier.
It depends on whether it is mutual or contested, how many hearings are needed and whether there are other claims like custody or maintenance. Fees will be explained clearly at the first meeting.
Yes. You can file a contested divorce on a ground allowed by law and prove it with evidence.
The court decides based on what is best for the child, not on who files the case first. The other parent is usually given visiting rights.
In a mutual consent divorce, both parties normally appear for the first and the final hearing. In some cases the court may allow appearance through video conference.
We have clients from all over Thiruvananthapuram district, including Vanchiyoor, Pattom, Kowdiar, Kesavadasapuram, Kazhakkoottam, the Technopark area, Attingal, Nedumangad, Neyyattinkara and Varkala, and also NRIs from the district.
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Disclaimer: The information on this page is general in nature and is not legal advice. Reading it does not create an advocate-client relationship.