What to look for in a divorce lawyer - a few tips to consider

Reviewed by on May 22, 2014

You’ve taken a decision that your marriage is no more a feasible relationship, and you have to search a competent divorce lawyer. The question here is how to make a start? You would prefer simply not to haphazardly call lawyers through the telephone directory or go strictly by their site bios. You need to discover a lawyer with whom you are agreeable and whom you trust to act in the most comfortable way and in your best favours, undoubtedly.

Divorce in India can be a long legal procedure. In a mutual-consent divorce, Section 13B(2) of the Hindu Marriage Act, 1955 provides for a cooling-off period of six months between the first and second motion. However, this six-month period is not mandatory and can be waived by the court in deserving cases, as held by the Supreme Court in Amardeep Singh v. Harveen Kaur (2017), so a mutual divorce can be concluded faster where the parties have genuinely settled all issues. The Supreme Court may also dissolve a marriage that has irretrievably broken down by exercising its powers under Article 142 of the Constitution (Shilpa Sailesh v. Varun Sreenivasan, 2023). A contested divorce, on the other hand, normally stretches out for a year and in some instances may proceed for longer.

Because of complexity of Indian divorce laws, it can result in utmost budgetary and enthusiasm loss. This distressingly long procedure of divorce will be less demanding to handle by the concerned people if both of them have a firm determination to be separated.

As a country of values and different religions, divorce in India still not considered a very socio-friendly incident and the sufferers are also looked upon by discarded eyes. Because of the differences of religious values in India, the Indian Judiciary has executed divorce laws independently for couples fitting in with diverse religious convictions, building them in the light of the accompanying demonstrations as follow:

  • The Hindu Marriage Act, 1955
  • The Parsi Marriage and Divorce Act, 1936
  • The dissolution of Muslim Marriage act, 1939
  • The Special Marriage Act, 1954
  • The Foreign Marriage Act, 1969

The first and foremost prerequisite to get a divorce is to contract a great attorney, who might be going about as your legitimate counsellor all around the dreary and time-taking process. While selecting a lawyer, you must verify that he/she is encountered enough to handle your divorce case prudently and productively. The legal advisor ought to take enthusiasm towards your case and likewise dedicate generous time to exhort you on and execute all the lawful processes of your separation.

What you simply seek in your divorce lawyer is as follows:

  • The divorce lawyer that you are going to choose must be experienced enough to handle your case.
  • You are also advised that to go into the case history of the concerned lawyer.
  • Don’t hesitate to ask directly how many divorce cases has the concerned lawyer handled.
  • Please confirm each and everything about the fee structure so that no difference can arise in between.
  • The lawyers you are going to choose must be friendly and amiable by behaviour so that you discuss each and everything quite openly with him or her. If you need any further information or clarification in this regard, please feel free to contact us or post your queries on our website where one of our exclusively appointed legal experts will help you more: delhi-lawyers.in