Contested Divorce

Contested Divorce is just what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees.

In such case, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees. Although the divorce judges always encourage spouses to work things out through mediation and counselling, but if this does not work out then the court trial has to be completed.

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Some high level grounds for seeking divorce under Hindu Marriage Act, 1955 are as under:-

  • Adultery
  • Cruelty
  • Desertion
  • Conversion to another religion
  • Unsoundness of mind or mental disorder
  • Virulent and Incurable form of leprosy
  • Venereal disease
  • Leprosy
  • Renunciation
  • Not heard alive for a period of seven years or more
  • No Resumption of Cohabitation

Beside the above, there are few additional grounds for divorce available only to wives. One of them is that the husband has been guilty of rape, sodomy or bestiality. Another one is that if it has been one year or more since Maintenance is granted against the husband and in favor of the wife and since then there has been no cohabitation between the parties.

Divorce—especially ones that are contested—are complex. Therefore, spouses in a contested divorce should definitely speak with an experienced divorce lawyer who can inform them of their legal rights and ensure they are fully protected. In a contested divorce, there are many issues on which spouses are not in agreement with each other. The disagreements can be on many issues like property division, child support, custody issues or spousal support, amongst many more.

An experienced Contested divorce lawyer will see if there are matters that both parties can agree on and then outline what is or is likely in dispute. In some cases, the parties can go to mediation before a petition is filed to hopefully hammer out an acceptable parenting agreement, if applicable, and a satisfactory distribution of the assets and debts. Alimony may also be discussed and settled.

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