What is the difference between a contested and a mutual divorce in Delhi?

What is the difference between a contested and a mutual divorce in Delhi?

Published At May 30, 2025

Answer

In Delhi, divorces are usually categorized into contested divorce and mutual consent divorce. The difference between the two is as follows:

Mutual Consent Divorce:

  • Spousal Agreement: This type of divorce happens when both parties mutually agree to end their marriage. Before filing, they must have an understanding of key issues like child custody, alimony, and division of assets.
  • Process and Duration: The law requires a mandatory cooling-off period of six months between the first and second court motions. However, this period can sometimes be waived, allowing the divorce to be finalized within 6 to 8 months. The process is quicker because both spouses are in agreement.
  • Less Complicated: Fewer court appearances and less conflict make this type of divorce less stressful and more streamlined.

Contested Divorce:

  • Disagreement Between Spouses: A contested divorce occurs when one spouse files for divorce without the consent of the other. Disputes may arise over issues such as financial settlements, child custody or allegations of wrongdoing like cruelty or adultery.
  • Longer Legal Process: Due to disagreements, contested divorces can drag on for years, typically lasting anywhere from 2 to 5 years, depending on the complexity of the case and court schedules.
  • More Complex and Lengthy: Since there are multiple points of contention, these cases require numerous court hearings and are generally more emotionally draining.

To handle the complexities involved in either scenario, hiring a competent divorce lawyer in Delhi, India is crucial. An experienced divorce lawyer in Delhi, India can ensure that your rights are protected and that the case proceeds smoothly, whether through negotiating settlements or handling court procedures efficiently.

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