Divorce Lawyers | Free call to lawyer (2022)

Wehave the best lawyers for divorce cases and other matrimonial disputes. Having vast experience in the divorce-related domain of Indian laws, our lawyers are committed to coming out with the best of results. We have expert divorce lawyers in Delhi and we ensure that you get peace of mind dealing with matrimonial cases, child custody, alimony. Either it's mutual divorce or contested divorce proceedings, we have experts to take care of you. Ourlawyers can help you in marriage issues in Delhi to file or defend your mutual divorce petition, contested divorce, alimony, domestic violence (DV), interim maintenance, 125 CrPC, dowry harassment u/s 498a, women cell complaints or any other related matters.

Getting divorced, the most challenging and emotionally charged thing someonewill gothrough in life. As with the futureof children at stake, the consequences arevery real and this lasts a very long time. The person you once madevows with to love, honor, and cherish, suddenly becomes your adversary and thesource of your greatest suffering — and your children go from being a shared treasure to apossession that must be protected from the enemy across the aisle.

DIVORCE DOES NOT HAVE TO BE A WAR

But when you need strong representation our lawyers are ready to fight for your best interests.

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With the rapidly changing social scenario, now India is no longer a country where the teaching of elders’ for so-called ‘adjustment’ leaves effect upon both men and women. As a result, the disputes arise and come with a number of litigations. These disputes include civil as well as criminal litigation proceedings. This is where we can help resolve these legal affairs with maximum possible ease. A contested divorce may be one of the most complicated types of divorces because it involves individuals who are unable to come to an agreement on many or just one of the key issues in their divorce.

India has dissimilar divorce laws for different religions. Almost all the religions have their own divorce laws in India which are used and utilized when any dispute arises between two families or married persons.

Using its decade long experience, the team of our divorce lawyers always provide excellent advice relating to the divorce proceedings, and also other matters including child custody, mutual divorce, dowry matters, property after divorce, alimony or maintenance for wife and child, sexual harassment, domestic violence, marriage after divorce, child custody and guardianship cases etc.

What is the ground for divorce?
A. Under Section 13 of the of the Hindu Marriage Act, the followings are the grounds:
1. Adultery - This isn't a criminal offense but a valid ground for divorce.
2. Desertion - Rejection by one party of all the marriage obligation. It's theabandonment of one spouse by the other without any reasonable cause and without the consent of the other.
3. Insanity - Partner is incurable of the unsound mind.
4. Conversion - Changing his religion to some other religion.
5. Renunciation - if the other party has renounced family life.
6. Cruelty - Partners can file a divorce case when he/she is subjected to any kind of mental and physical injury.
7. Venereal disease - if it is communicable by nature­ irrespective of the period for which the respondent has suffered from it.
8. Presumption of death - he/she has not been heard of as being alive for a period of at least seven years.
Besides the above grounds there are few more grounds available to the wife mentioned below:
1. At the time of marriage, the husband is married and not divorced his 1st wife and she is alive.
2. Husband is found guilty of unnatural offenses.
3. If marriage is done before she attained the required age of marriage.

B. Grounds for Divorce under the Dissolution of Muslim Marriage act, 1939
1. Husband disappeared for 4 years.
2. Failed to provide maintenance to the wife for 2 years.
3. He is under imprisonment for seven or more years.
4. If the girl was married before 15 and decides to end before 18.
5. cruelty- Partners can file a divorce case when he/she is subjected to any kind of mental and physical injury.

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C. Grounds for Divorce under the Indian Divorce Act, 1869
1. Adultery - This isn't a criminal offense but a valid ground for divorce.
2. Religion Conversion
3. Venereal disease - if it is communicable by nature­ irrespective of the period for which the respondent has suffered from it.
4. Presumption of death
5. cruelty - Partners can file a divorce case when he/she is subjected to any kind of mental and physical injury.
6. Wife can file on the grounds of rape, sodomy, and bestiality.

Other than the above-said affairs, we dedicatedly provide meaningful legal assistance to our nationwide clientele in the following areas:

  1. Registration of marriage
  2. Adoption of child/children
  3. Conversion of religion
  4. Marriage as per legal guidelines of Muslim laws
  5. Guardianship, inheritance and succession
  6. Divorce petition by both/either parties
  7. Divorce by mutual consent
  8. Contested Divorce
  9. Restitution of conjugal rights
  10. Judicial separation, interim maintenance/compensation, and permanent alimony

Benefits of Hiring the Right Lawyer

There are a lot of benefits of hiring the right divorce lawyers. One of the most important benefits of hiring the right lawyer is that he or she will be able to separate the business part of the divorce from your emotion. When emotions get involved, some harmful decisions can take place. However, making those choices can cause problems for years after your divorce. An expertlawyer knows every aspect of divorce law. If you are going it alone or trying to get advice from family and friends, you may receive a lot of inaccurate information that could hurt your case.

We, at Astha Law Solutions, are legal professionals driven by humanitarian considerations when it comes to charging our fees. We charge reasonably-fixed fees of INR 25,000 to handle the case of a Mutual Divorce.

Wecan help you to minimize all the hassles. In order to get the cheapest divorce possible, it's better if you and your spouse are willing to work together and your divorce is uncontested.The lawyers at Astha Lawyers are some of the most respected and experienced in New Delhi. We strive to resolve all legal disputes in a conciliatory manner.

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However, the fee criteria for a contested case may differ as per the nature and gravity of the case, the actual fees is a matter of in-person discussion that can be had by visiting our office. If you are in need of legal help, we encourage you to contact us. We will assess your matter and give you the best possible advice. If the matter should be resolved amicably, we will let you know. If fighting is the best option for you, we will take this forward. We are client-focused and have interdisciplinary, knowledgeable, and high-value lawyers on board. We strive to be the firm of choice for clients seeking sophisticated legal services.

For contested divorce matters our usual formula are as follows if you have kids and non working wife/husband:

Flat / Property under Housing Loan or Mortgage - Such Property is usually proposed to be divided 50:50. Selling the property, paying off the loan / mortgage and splitting the balance 50:50. Sometimes 60:40 to the wife is OK but beyond that is unreasonable.

Total Monthly Maintenance and Child Supportdemanded should not be more than 60% of the Mans salary.

You can ask why 60%. Most judges in cases of contested divorces usually feel 60% is fair for wife and kid - unless (a) Wife is working in which case amount can be reduced to the Wifes Salary - the Alimony + Maintenance OR (b) Wife gets remarried.

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In both cases - Child Support is required but the Alimony is no longer required.

Fixed Sum of money -Normally this sum is calculated as Amount spent on the marriage by the Brides father divided by 2, All the Jewelry given by the Brides family to the Bride.

Flat Sum for Settling in -This depends on your wealth situation. Usually this sum could be Rs. 2 Lakhs or 10 Lakhs or even 50 Lakhs depending on how wealthy you are. If you have a lot of property worth say Rs. 5 Crore - then the normal amount is between Rs. 25 Lakhs to Rs. 2 Crore depending on how long you were married.

Just give us a call if you have any further questions or fill out the contact form, we get back to you within 24 hours.

FAQs

What questions should I ask my divorce solicitor? ›

Frequently asked divorce questions
  • I've been married for 6 months can I get a divorce? ...
  • Do I need to disclose details of my assets to my spouse if we kept them separate during the marriage? ...
  • Do I need to communicate with my spouse directly during the divorce? ...
  • Will I automatically get 50% of my spouse's assets?
7 Dec 2020

Can we divorce without a lawyer? ›

Divorcing couples can do a DIY divorce simply by completing the necessary forms, paying the court fee of £593 and then working their way through the court processes.

Do you get a free hour with a solicitor? ›

Some solicitors give 30 minutes' legal advice for free. Some offer a fixed fee - that way you'll know in advance what the advice will cost. You can call a solicitor's office and ask if they offer a free half hour or a fixed fee. A free or fixed-fee appointment can help you find out your rights and legal position.

Do you have to pay back legal aid? ›

Applying for legal aid

If you qualify, the legal aid will be paid directly to them. You'll need to pay some legal aid back if you keep or gain any money or property at the end of your court case.

What should you not do during separation? ›

5 Mistakes To Avoid During Your Separation
  • Keep it private. The second you announce you're getting a divorce, everyone will have an opinion. ...
  • Don't leave the house. ...
  • Don't pay more than your share. ...
  • Don't jump into a rebound relationship. ...
  • Don't put off the inevitable.
19 Oct 2016

Does UK have no fault divorce? ›

Landmark reforms introducing no-fault divorce aimed at reducing conflict between separating couples come into force today. The Divorce, Dissolution and Separation Act (2020), represents the biggest shake up in divorce law for more than half a century.

Who pays for a divorce? ›

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

How long does a divorce take from start to finish? ›

Step 4 – Application for Final Order

Overall, taking into account the mandatory waiting periods of 20-weeks and 6-weeks, you should expect your divorce to complete within 6-7 months.

How quickly can I get a divorce? ›

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

Can I pay a solicitor in Instalments? ›

You can ask if your lawyer's firm will allow you to make payments over time. Sometimes law firms can offer those arrangements. For example, you might be able to pay your legal costs by instalments. You should check whether there will be any additional charge for paying in this way.

What is a pro bono lawyer? ›

To qualify for free legal assistance, a person must comply with a 'means test' (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).

How do I get advice? ›

Stop asking, 'Can I pick your brain? ' Harvard researchers say this is how successful people ask for advice
  1. Start with a positive tone. ...
  2. Identify the type of advice you're seeking. ...
  3. Come prepared with specific details. ...
  4. Ask the right person. ...
  5. Don't ask everyone. ...
  6. Don't assume you already know the answers. ...
  7. Be grateful.
9 Jul 2019

What is the savings limit for legal aid? ›

Your capital will qualify if your savings amount to less than £8000. If you are applying for legal aid for court proceedings then savings between £3000 and £8000 may be liable to be paid to the LAA as a contribution to your case.

Does legal aid pay all costs? ›

Legal Aid will fund all costs related to your case, including the costs of legal advice, representation, evidence gathering and court fees. It will also pay the other party's costs if you lose. However, depending on their income and savings, some people will be asked to contribute towards their legal costs.

How long does it take for legal aid to be approved? ›

Applications are usually processed within 25 working days. If we agree a case is urgent, we will prioritise it and make a decision within 10 working days.

Does a husband have to support his wife during separation? ›

If you're in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

Can separation save a marriage? ›

A separation can strengthen a marriage if it's done for the right reasons and if there are clear agreements from the start. Elements of a successful separation that enhances a relationship include getting third-party support and maintaining regular communication.

Is dating during separation considered adultery? ›

However, legally, until the court declares your divorce as final, you are still married to your spouse, which technically means that relationships you engage in outside the marriage are technically still considered adultery.

What is unreasonable behaviour in a marriage? ›

What is unreasonable behaviour? “Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.

Are divorce laws changing in 2022? ›

The changes are the biggest shake-up of divorce laws for 50 years and it means that from 6th April 2022: married and civil partnership couples can obtain a divorce without having to blame the other party. Decree Nisi is no more – the 'Conditional Order' is new. Decree Absolut is no more – the 'Final Order' is new.

Can I get divorce without any reason? ›

If any of the spouse intends to dissolve their marriage, then the aggrieved can seek the relevant grounds of divorce according to their religion and personal laws. There are specific grounds on which divorce can be granted because court cannot simply grant divorce without seeking any reason.

Why do lawyers drag out cases? ›

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

What is the best way to handle a divorce? ›

Coping With Separation And Divorce
  1. Recognize that it's OK to have different feelings. ...
  2. Give yourself a break. ...
  3. Don't go through this alone. ...
  4. Take care of yourself emotionally and physically. ...
  5. Avoid power struggles and arguments with your spouse or former spouse. ...
  6. Take time to explore your interests. ...
  7. Think positively.

Why are divorces expensive? ›

More than fees related to court or lawyers, costs can also add up when you start working with other professionals such as divorce coaches, therapists, private mediators, and other kinds of legal or mental health practitioners.

How do I know if my divorce is final? ›

When Is a Divorce Final? Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed.

What does a divorce absolute look like? ›

What does a Decree Absolute look like? A Decree Absolute, again, specifies the names of the parties, the Court and case number. It states the date and place of the marriage or civil partnership and states that the marriage is dissolved.

What is a financial order in a divorce? ›

A divorce financial order is a document that makes your financial agreements legally binding. It usually has a clause that ends any future claims you may have against each other in the future. This is often referred to as a clean-break clause within a financial order.

Can you get divorced straight away? ›

If you've been married or in a civil partnership less than a year. You can't get a divorce or dissolution yet. You can get a legal separation, but it's usually better to wait until you can get a divorce or dissolution.

Why does it take so long to get divorced? ›

The Court Has a Full Calendar

The court's calendar can also be a major hurdle for spouses who want a quick divorce. Due to the large caseloads, it can be difficult to schedule court appearances. If the spouses don't resolve most of their issues before going to trial, they can spend several hours at their hearing.

How much does it cost to get decree absolute? ›

If you know the case number and the court

It costs £11 if you know both the case number and the court. Send an email or letter to the court and include: your name and address.

How do solicitors charge for their time? ›

Hourly rates

Charging according to the time spent on your matter using the hourly rate method is still the most common way that law firms charge for their services.

Do solicitors charge for emails? ›

For example, a short letter or email in or out is usually charged as 1 unit; 20 minutes work is charged as 4 units. This time recording method is the same as generally adopted throughout the solicitors' profession and is the only method permitted by most legal case management software systems including our own.

How long do you get to pay solicitor fees? ›

Once you have received your legal Bill of Costs, you will usually have 30 days to pay it.

What is it called when you can't afford a lawyer? ›

If you cannot afford a lawyer, legal aid may be able to help you. There are legal aid offices (also called legal services) throughout the United States. Legal aid offices are not-for-profit agencies that provide free legal help to people who cannot afford to hire a lawyer.

What is it called when a lawyer works for a percentage? ›

About contingency fees

Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court.

Does pro bono mean free? ›

Pro bono work is legal advice or representation provided free of charge by legal professionals in the public interest. This can be to individuals, charities or community groups who cannot afford to pay for legal help and cannot get legal aid or any other means of funding.

Who is the best person to get advice? ›

Typically, you should seek out a friend or loved one who has handled experiences like the one you are dealing with in a way that you find admirable. For example, if you need advice about finding a job, it will probably be more helpful to ask someone who has recently been successful in finding a job.

Where is the best place to get advice? ›

The 8 Best Sites to Get Good Free Advice Online
  • 7 Cups.
  • Elder Wisdom Circle.
  • FreeAdvice.
  • r/advice.
  • Ask a Manager.
  • Fun Advice.
  • TheAnswerBank.
  • Hey, From the Future.
26 Nov 2019

Why do people not take my advice? ›

Here are some of reasons you might want to consider why people don't take your advice: They don't trust you. They don't know how your advice would benefit them. They don't have a compelling reason to take your advice.

What is the difference between legal help and legal aid? ›

Legal aid will pay towards the rates or fixed fees of a solicitor for your case. There are different types of legal aid: Legal Help – a solicitor can advise you and negotiate with the other party but cannot represent at court.

What is the merits test for legal aid? ›

The merits test

This is known as the means test. You will need to provide evidence of all of your income (such as wages and benefits) and any capital (such as savings, properties and shares). The Legal Aid Agency will then deduct certain allowances for rent, if you work, have children or other dependents.

What counts as a means-tested benefit? ›

Means-tested benefits are available to people who can demonstrate that their income and capital are below a certain level. The means-tested benefits are: Income-based Jobseeker's Allowance. Income-related Employment and Support Allowance. Income Support.

Do u have to pay back legal aid? ›

Applying for legal aid

If you qualify, the legal aid will be paid directly to them. You'll need to pay some legal aid back if you keep or gain any money or property at the end of your court case.

Can I claim back legal costs if found not guilty? ›

If you are a successful defendant, i.e. you are acquitted or the case against you is dismissed, and you have paid your solicitor privately, you are entitled to recover your legal costs under the Defence Costs Order regime.

Where does legal aid money come from? ›

The Government provides money to help pay for your case. The money comes from the Community Legal Services Fund (CLS) and is administered by the Legal Aid Agency. You may be entitled to legal aid just to speak to a solicitor and to have a solicitor write letters on your behalf, this is known as Legal Help.

Can you appeal a legal aid decision? ›

If you hold a representation lower certificate and you wish to appeal to a higher court you will need to make an application to representation higher.

What is right to legal assistance? ›

- This Act shall be known as the "Free Legal Assistance Act of 2010". Section 2. Declaration of Policy. - It is the declared policy of the State to value the dignity of every human person and guarantee the rights of every individual, particularly those who cannot afford the services of legal counsel.

What is exceptional case funding? ›

Exceptional case funding (ECF) is meant to be a safety net for individuals who need representation in any area of law that is out of scope for legal aid. However, nearly all of the ECF applications that have been made relate to just a handful of areas of law.

What should I ask for in a divorce UK? ›

7 questions to ask your divorce solicitor at your first meeting
  • Do I have the right to a divorce? ...
  • How long will my divorce take? ...
  • Who will our children live with? ...
  • How much will maintenance be? ...
  • Who will pay the costs of my divorce? ...
  • Will I have to go to court? ...
  • Is it possible for me to have a divorce if my spouse objects?
21 Sept 2020

How do I prepare for a divorce UK? ›

Preparing for divorce – what do I need to consider?
  1. Understand your financial situation. Alongside the divorce, one of the important things you will need to consider is the distribution of the financial assets. ...
  2. Collate the paperwork. ...
  3. Look to the future. ...
  4. Document your valuables. ...
  5. Don't act in haste. ...
  6. Seek expert advice.
17 May 2021

What should a woman ask for in a divorce settlement? ›

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

Who pays for a divorce? ›

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

How long does a divorce take from start to finish? ›

Step 4 – Application for Final Order

Overall, taking into account the mandatory waiting periods of 20-weeks and 6-weeks, you should expect your divorce to complete within 6-7 months.

Does a husband have to support his wife during separation? ›

If you're in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

How can I afford to live after divorce? ›

Surviving Financially After Divorce
  1. Expect your income to drop after the divorce is final. ...
  2. Consider whether you can afford to keep the house. ...
  3. Know what you have. ...
  4. Consider the after-tax values of your assets. ...
  5. Understand your financial needs. ...
  6. Don't overlook the value of a future pension. ...
  7. Hire a good team.

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