Divorce procedure or divorce in court

Bangladesh Family Law – Divorce Procedure in Bangladesh

divorce procedure or divorce in court

Tahmidur Rahman, Senior Associate and Director

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How to file a divorce in Bangladesh? Taking a divorce in Bangladesh could have an effect on both partners if the correct procedures are not followed.The following post & Infographics will give you a thorough overview of divorce procedure in Bangladesh.

Marriages and Divorces (Registration) Act, 1974 oversees the procedure of divorce in Bangladesh. Divorce is the only valid way to end a relationship other than an act of God. The divorce process is very straightforward in Bangladesh. The simple three steps are:

  • i) Giving written notice,
  • ii) Meeting the Arbitration Tribunal,
  • iii) After the expiry of 90 days, taking the Registrar’s registration certificate.
  • Here in the following paragraphs we will explain the procedure of divorces amongst all communities and faith in Bangladesh.  

Divorce is the legal dissolution of the material bond between the parties complying with the requirements of the law. Nevertheless, Islamic law means a distinction between the breakup of the marital relationship by the party filing for divorce. In general, Muslim law provides for two forms of divorce that include:

  1. (i) Extra-judicial divorce and (ii) Judicial divorce.
  2. Extrajudicial divorce consists of three types,
  3. (i) divorce by the spouse (talaaq, ila, zihar),
  4. ii) by the wife (talaaq-e-tawfeez, lian) and
  5. iii) through mutual consent (khula, muba’rat).

 1: Talaq from the Husband 

Simply ‘Talaaq’ is a divorce by the husband. If the husband pronounces talaaq once during a tuhr that leads to abstinence from sexual intercourse in order to complete the iddat duration, the talaaq will become successful. The tuhr period is the interval between menstruations.

        2: Talaaq-e-Tawfeez by Wife

Talaaq-e-Tawfeez is a divorce procedure in which the wife may, on her own behalf, renounce her marriage in accordance with the delegation provided by her husband. Now, this is a bit complicated, as the provision of this talaaq has to be drawn up in the niqahnama under section 18 with the permission of the husband.

        3: Talaaq through mutual agreement

Here both husband and wife through their mutual perticiaption aims for a seperation. It’s also termed as Mubarat. Mubarat is also one kind of dissolution of marriage where both of the parties want mutual separation and the aversion is mutual.

“Under traditional Islamic law a bare talaq divorce is deemed to have taken place when the husband pronounces three times “I divorce thee”. This pronouncement dissolves the marriage instantly.”

  • Steps towards dissolution of Hindu marriage:
  • ➤ Petition to file for divorce –
  • First of all, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both husband and wife on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.
  • This petition will, then, be signed by both the parties.
  • ➤ Appearing before Court and inspection of the petition-
  • After that, both the parties will have to stand before the family court after the filing of the petition. The parties would present their respective counsels/lawyers
  • The court would gradually observe the petition along with all the documents presented in the court by the counsels of both parties individually.
  • The court may even attempt to bring reconciliation between husband and wife; however, if this is not possible, the matter proceeds for further follow-ups.
  • ➤ Passing orders for a recording of statements on oath-
  • Eventually, the petition is examined by the court and it satisfies, court may order the party’s statements to be recorded on oath.


 ➤The first motion:

The first motion shall be passed and a period of 6 months shall be given before the second motion Then, once the declarations have been made, a decision on the first motion shall be given by the court.

After that, all parties will be granted a six-month period of divorce before they can file a second petition.

The maximum time period for filing a second request is 18 months from the date of submission of the divorce application to the Family Court.

➤The second motion :

Second motion and final hearing of the petition Once the parties have decided to proceed further with the proceedings and to appear on the second motion, they can proceed with the final hearing.

It includes the presentation of the parties and the recording of the comments before the Family Court.

Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.

Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off. Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also.

➤ Decree of Divorce

In the case of a joint divorce, the two parties must have given their consent and there must be no discrepancies in the issues relating to the estate, custody of the child, care, property, etc.

There must therefore be a complete agreement between the parties on the final decision on the dissolution of the union.

If, after hearing the parties, the court is satisfied that the claims in the petition are valid and that there can be no hope of reconciliation and cohabitation, it may pass a divorce decree ordering the marriage to be dissolved.

The divorce comes to an end once the divorce order has been signed by the judge.

Divorce Procedure in Russia

divorce procedure or divorce in court

The Family Code is the main legislation related to civil matters such as marriage registration, divorce procedures, and child custody. The Family Code is comprised in the Russian Civil Code and was enabled at the end of 1995.

Our law firm in Russia can assist in divorce procedures and can offer more information on the Family Law.

Our divorce lawyers in Russia can offer detailed information on the procedures to be fulfilled in order to obtain a divorce decree in this country.

Jurisdiction over divorce proceedings in Russia

It must be noted that both foreign and Russian citizens can obtain a divorce in Russia, as the family court here has jurisdiction in the following cases:

  • —          both spouses are Russian citizens and at least one of them files for a divorce;
  • —          at least one of the spouses is a Russian citizen, while the other is a foreign citizen with or without residency in Russia;
  • —          at least one of the spouses has a residence permit in Russia, while the other does not;
  • —          at least one of the spouses owns a property in Russia, even if the foreign citizen files for divorce.

In the case of Russian citizens applying for divorce in other countries, it should be noted that the Russian court will automatically acknowledge the divorce decree without further actions.

Our divorce lawyers in Russia can offer detailed information on the provisions of the Family Law in matters of divorce of foreign citizens or Russian citizens living abroad.

Reasons and restrictions related to divorce in Russia

A Russian divorce process can only begin under certain circumstances, among which there are no grounds for the couple to live together or if one of the parties has left the conjugal home. Also, the court can decide to issue a 3-month period for reconciliation.

With respect to the restrictions imposed by a Russian court, these are:

  • — one cannot file for a divorce while the wife is pregnant;
  • — one cannot file for a divorce while having a child less than one-year-old.

Also, the Russian court will refuse to judge a divorce case if the proceedings have begun in another country.

Our Russian lawyers can offer more information on the reasons and restrictions related to divorce procedures in this country.

The divorce procedure in Russia

The Russian divorce procedure begins when one or both spouses file a request for marriage dissolution within the local registry offices (ZAGS). The duration of a divorce procedure usually takes about a month in cases of mutual agreement.

The Russian divorce procedure in the court of justice includes a period of reflection that can take up to three months, but the whole divorce procedure in court will take no longer than six months in case of families with no children.

If one of the spouses does not want a divorce, the judge will allow for a three months period for reconciliation and after that, the divorce will be pronounced even if the spouse still opposes the dissolution.

  The divorce procedure cannot be initiated during the wife’s pregnancy or within the first year of a child’s birth without the wife’s consent.

Types of divorce in Russia

The Russian Family Law acknowledges two types of divorce — administrative and judicial.

The administrative divorce in Russia is usually enabled in cases of families with no children that have reached a mutual agreement. The divorce and the issue of the divorce certificate will be registered with the Registry Office within one month of filing the application.

The judicial process related to divorce in Russia

Divorce/Annulment Overview

Quick Escape

divorce procedure or divorce in court Getting a divorce or an annulment is an important decision.  A divorce is the way to legally end your marriage.  An annulment is the way to have the Court declare that your marriage never existed.  Before you decide to get a divorce or annulment, you may want to meet with a family counselor.  A counselor can help you identify problem areas in your marriage and help you decide whether you should get a divorce or annulment. If you do decide to get a divorce or annulment, we recommend that you speak to an attorney.

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We understand that not everyone can afford an attorney.  If you have a low income, you MAY be eligible for free legal services.  To determine if you are eligible for legal services, visit the Legal Help Link.

If you decide to represent yourself, it is called «pro se» representation. «Pro se»  means «for one's own behalf» or «appearing for oneself.»  Representing yourself may take a lot of time, may be difficult and may be confusing.

  Please be aware that even though you are not an attorney, the Family Court will expect you to follow the same rules and regulations that the attorneys have to follow.

  The Court will not allow you to skip any procedures because you did not know how or when to do something.

The Family Court will provide you with general information to help guide you through the process.  Please remember that COURT STAFF CANNOT GIVE YOU LEGAL ADVICE.  Court staff cannot tell you how to protect your interests or make recommendations about what you should do.

Only a lawyer can provide that type of information. If at any point in the divorce process you are not sure about representing yourself, you should talk to an attorney.

Whether you represent yourself or hire an attorney the process will move faster if you and your spouse can reach an agreement regarding as many issues as possible before you begin the divorce or annulment process.

Who may file for Divorce or Annulment?

  • You or your spouse may file for Divorce or Annulment if:
  • Marriages and Civil Unions: Either you or your spouse has resided (lived) in Delaware for at least 6 months immediately preceding filing for divorce or annulment; OR Either you or your spouse has been stationed in Delaware as a member of the military for at least 6 months immediately preceding filing for divorce or annulment
  • Civil Unions Only: You and your spouse do not live in Delaware and your state of residence does not allow civil unions to be dissolved AND your civil union was solemnized in Delaware.

Furthermore, before you file for divorce, you and your spouse must be legally separated. Under Delaware law, in order to be legally separated. � You can still be separated if you live in the same house so long as you do not share the same bedroom with your spouse or have sexual relations with your spouse.

How long until the divorce can be granted?

The Court will not proceed with the divorce process until you and your spouse have been separated for at least 6 months, unless you are filing for divorce on the grounds of misconduct. Some of the grounds of misconduct include: physical, mental or psychological abuse, adultery and desertion.

If you are filing on the grounds of misconduct, then you do not have to be separated for any specified period of time.

However, be aware that you must prove any allegations of misconduct by presenting evidence of the misconduct to the Court before a divorce will be granted on this ground.

Also, if you and your spouse have children together, you must attend a Parent Education Class. The Court will not proceed with the divorce process until all of the required certificates of completion from the Parent Education Class have been submitted to the Court.

If you have children, you should enroll in the Parent Education Classes early to ensure that the divorce process is not delayed because of your failure to take the Parent Education Class.

Click here for a listing of Approved Education Seminars for Separated and/or Divorcing Parents.

Where Do I File for Divorce or Annulment?

If you are seeking a divorce or annulment from a marriage, you must file the Petition for Divorce/Annulment in the county where either you or your spouse lives. If you are seeking a divorce or annulment from a civil union, you will need to determine which of the following scenarios applies to you and file in the appropriate county:

  • Neither you or your spouse have ever lived in Delaware, and you are seeking to divorce from a civil union solemnized in the State of Delaware, you may file in Family Court in any county if your state of residence does not permit you to divorce.
  • Neither you or your spouse currently live in Delaware, but one or both of you have in the past, and you are seeking a divorce from a civil union solemnized in the State of Delaware, you must file in the county in which one or both of you last resided.
  1. Addresses for the Courthouses in each county are listed below.
  2. Family Court of the State of Delaware in Kent County 400 Court Street
  3. Dover, Delaware 19901
  4. Family Court of the State of Delaware in New Castle County 500 N. King Street
  5. Wilmington, Delaware 19801
  6. Family Court of the State of Delaware in Sussex County 22 The Circle
  7. Georgetown, Delaware 19947

Delaware law allows for different types of divorce and annulment. Divorces and Annulments can be Contested or Uncontested. Uncontested divorces can be decided in two ways. The different types of divorce are described below:

  • Contested Divorce or Annulment:   If the Petition for Divorce/Annulment is contested, in other words the person responding to the petition challenges material information in the petition by filing an Answer, the matter will automatically be scheduled for a hearing.
  • Uncontested Divorce or Annulment: If the person responding to the petition does not file an Answer within 20 days of receiving the Petition for Divorce/Annulment OR

How to Apply for a Divorce pdf version

Court Services & Facilities

If you are petitioning for divorce on your own account, fill in a petition form and take it personally to the Family Court Registry, M2, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong.

If you and your spouse have agreed to jointly apply to the court, you should together fill in a joint application form and submit it as above.

The court shall have jurisdiction in proceedings for divorce under the Matrimonial Causes Ordinance if-

Unless the court allows otherwise, you can start a petition for divorce only if you have been married for at least 1 year.

You must be able to prove that you have reasons (or «grounds») for saying that the marriage is at an end. The term the court uses is «the marriage has irretrievably broken down».

The court will accept one or more of the following grounds as proof:

  • that your spouse has committed adultery and that you find it intolerable to live with him / her
  • that your spouse has behaved in such a way that you cannot be reasonably expected to live with him / her
  • that you and your spouse have lived apart for a continuous period of at least 1 year before filing the petition and that he / she agrees to a divorce
  • that you and your spouse have lived apart for a continuous period of at least 2 years before filing the petition (in such a case your spouse's consent to a divorce is not required)
  • that your spouse has deserted you for a continuous period of at least 1 year before filing the petition
  • In the case of a joint application, you and your spouse must prove to the court (a) that you have lived apart from each other for a continuous period of at least 1 year before making the application; or (b) that not less than 1 year prior to the making of the application a notice (Form 2E) signed by each of such parties was given to the court and that the notice was not subsequently withdrawn.

If there are children of the family who are under the age of 18, you must include in your petition your proposal as to their custody and access. If you wish to apply for ancillary relief such as maintenance, transfer of property, division of matrimonial assets, etc. you should also pray so in your petition.

Submitting a petition or joint application for divorce puts legal proceedings in motion, so you will find it helpful to seek legal advice before any submission is made.

You will particularly need a lawyer in the following circumstances:

  • your spouse does not agree to a divorce
  • neither of you can agree on the arrangements to be made for the children or on financial matters

In seeking legal advice, you may wish to take advantage of the Legal Aid Scheme administered by the Legal Aid Department (Tel: 2537 7677) or alternatively choose your own solicitor.

For details, please refer to the «How to apply Legal Aid in Civil Cases» leaflet which is available at all Courts, Legal Aid Department office and Public Enquiry Service Centres in District Offices.

Each year, the Law Society of Hong Kong (Tel: 2846 0500) publishes a Directory of Hong Kong Law Firms, which includes a list of firms handling matrimonial cases. This directory can be consulted in Public Enquiry Service Centre of District Offices, public libraries and at the office of the Law Society of Hong Kong.

Please note that while the staff of the Family Court Registry will seek to give you every assistance relating to divorce procedures, they are not lawyers and they are not permitted to offer legal advice.

The Duty Lawyer Service's free Legal Advice Scheme provides members of the public with preliminary legal advice including matrimonial law in District Offices.

The Procedural Advice Scheme

  • provides free legal advice on civil procedural matters for unrepresented litigants who commence or are parties to legal proceedings in the Lands Tribunal, the District Court, the Family Court, the Court of First Instance or the Court of Appeal of the High Court or the Court of Final Appeal (including commencement of proceedings); but not including civil proceedings in other tribunals;
  • will not provide advice on merits of cases or act as legal representative;
  • operates on a “first-come-first-served” basis.


Service is available for unrepresented litigants who —

  1. have not been granted legal aid and have not engaged lawyers; and
  2. satisfy the Procedural Advice Scheme's income eligibility limit* of not exceeding a monthly income of $50,000 or an annual income of $600,000.
  • * The income of an applicant's spouse, where applicable, will be counted towards the limit, unless the spouse is the opposite party of the proceedings or the applicant and the spouse are living separate and apart.
  • The Procedural Advice Scheme Offices
  • The contact information of the Procedural Advice Scheme’s Offices are as follows –
  • Address Admiralty Office: Room LG217, LG2/F, High Court Building, 38 Queensway, Hong Kong. Wanchai Office: Room 437, 4/F, Wanchai Tower, 12 Harbour Road,
  • Wan Chai, Hong Kong
  • Office Hours 8:45 am to 1:00 pm 2:00 pm to 6:00 pm
  • Mondays to Fridays (except public holidays)
  • Cut-off time for accepting applications for each half day is at 12:30 pm and 5:30 pm respectively.
  • Telephone Enquires: 2259 5017
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Family mediation is a problem-solving process designed to help couples who are divorcing or separating reach their own mutually acceptable agreements about ongoing arrangements for their children and / or how to resolve financial matters.

It is a voluntary process in which a specially trained, impartial third person, the mediator, seeks to help both sides to communicate effectively and to negotiate issues in dispute, all in a completely confidential setting. You can contact the Integrated Mediation Office for enquiries.

Address: Room 113, 1/F, Wanchai Tower, 12 Harbour Road,
Wanchai, Hong Kong
Telephone: 2180 8066 (For enquiry of Mediation Service only)
Facsimile: 2180 8052

To start a petition, you need to fill in:

Form 2 Petition
Form 2B Statement as to the arrangements for children (if applicable)
Form 3 Notice of Proceedings
Form 4 Acknowledgement of Service (case number and name of parties only)
Statement of Truth
Petitioner's Certificate as to Family Mediation

Joint Application

In the case of a joint application, you need to fill in:

Form 2C Joint application
Form 2D Statement as to the arrangements for children (if applicable)
Statement of Truth
Joint Applicants' Certificate as to Family Mediation

All forms you need are available from the Family Court Registry and may be completed in English or Chinese. When you have filled them in, take them to the Family Court Registry for filing, together with your original marriage certificate or a certified true copy. The filing fee is $630. You will be given a case number, which must be marked on any subsequently filed documents.

Now that legal proceedings have started, you are known as the «petitioner» and your spouse is known as the «respondent».

After filing your petition, you must arrange for a sealed copy of it to be served on every other party to the proceedings, either by hand or by post. Note that you must not serve the petition yourself on the respondent.

Instead you must use the services of a third person or send the petition by post. (In the case of joint applications, there is no need to arrange for service on the other party.)

You should next apply to the Registrar for directions to set down the case for trial, using an application form obtainable from the Family Court Registry. Your petition or application will be set down for hearing in one of the following lists:

List Fee
Special procedure list $630
Defended list $1,045

Where a petition is concerned, before the case can be set down the Registrar must be satisfied that the petition has been served on the respondent.

This can be proved either by showing that respondent has completed and returned to the Registrar a Form 4, or by having the person who served the documents on the respondent file an affirmation to that effect.

Joint applications will be set down provided that the relevant documents are in order.

The Registrar will make directions on the date, place and time of trial and will notify you and the other parties.

If you have petitioned for divorce but the respondent does not file an answer, the petition will be set down in the Special Procedure List. Joint applications also come under the Special Procedure List.

After the Registrar has given directions for trial, he will consider the evidence you have filed. If he is satisfied that you have proved the contents of the petition or application, he will make and file a certificate to that effect. Both parties will receive a copy, endorsed with the terms they have agreed.

There is no need for either party to attend the hearing. The court will grant a decree nisi dissolving the marriage.

Defended List

Where the petition for divorce is made and the respondent has filed an answer, the cause will be set down in the Defended List. In such cases, the court will either grant a decree nisi dissolving the marriage or will dismiss the petition if insufficient evidence is found.

In the event of court granting the decree of divorce, if there are children of the family whose question of custody and access need to be dealt with by the court, or if there are applications for ancillary relief by either party, the court will adjourn these matters to Chambers with directions for social investigations report and filing of affidavit of means by the parties where appropriate.

Six weeks after the court has granted a decree nisi, you can apply for your decree to be made absolute by sending to the court a completed «Notice of Application for Decree Nisi to be made Absolute», using Form 5 (for a petition) or Form 5A (for a joint application).

If there are children of the marriage, the court has a duty to consider the arrangements for their welfare, even if the children are over 18 but are still receiving full-time education. The decree nisi will not be made absolute until the court is satisfied with the arrangements for them.

The Registrar will issue a Certificate of Decree Absolute to each party if he is satisfied that the statutory requirements have been complied with.

Either party can inspect the court records of their case at the Registry on payment of the prescribed fee of $18.

Performance Pledge Waiting Time
i) Pronouncement of decree nisi — from setting down for trial to actual hearing
— Special Procedure List 50 days
— Defended List (all hearing) 110 days
ii) Financial applications — from setting down to hearing (1-day hearing) 110-140 days
  • Wherever possible, the Judiciary will reply at once to correspondence from members of the public. In any case, we will issue an interim reply within 10 days and a full response within 30 days of receiving such correspondence. If a full response cannot be given within 30 days, we will give you a further interim reply with a brief explanation.
  • We welcome all comments and suggestions for improving our services. Please send them to the Judiciary Administrator at the High Court, 38 Queensway, Hong Kong.

From 5 March 2021 onwards, unrepresented litigants can make online appointments, via a newly introduced e-Appointment System, for attending the Registry of the Family Court to submit petition for divorce or joint application.

For details, please visit the Family Court e-Service at the Judiciary website

Monday to Friday 8:45 a.m. to 1:00 p.m.
2:00 p.m. to 5:30 p.m.

(Closed on Saturdays, Sundays and Public Holidays)

Please refer to Typhoon and Rainstorm Warning Arrangements in the Judiciary website or radio/television announcements of the same.

Best Divorce Lawyers in Chennai India | Family Court Help 24/7

Find the Best Divorce Case lawyers in Chennai.

Why do you need an all in all Family Court Advocate? Do you face any unexpected Legal Issue in your own Family? Is it a Cruelty of Domestic Violence or Dowry Harassment or Any other torture of your in Laws? First of all, Is there any police case complained by or against you? Do you need a Legal Support of a Divorce Attorney/Criminal Lawyer for filing a case or defend the charges against you?. The First task for you is to Choose a Law Firm who can help by offering a Legal consultation to proceed further without a big burden of Legal Charges. Rajendra Family Court Law Firm is one such reliable Forum of Divorce Lawyers in Chennai Madras High Court.

On the other hand, Are you guilty of Crimes in your family? Is it a real one or fabricated? If you are facing such fake criminal charges, you must be cautious. You may get a Threatening Call from a Cop or Police may enter into your home any time and arrest you. What are all cases you must avoid? They are as follows.

  • Domestic violence case
  • Dowry harassment
  • Cruelty and maintenance case (MC)

These cases are the most vexing.

In my opinion, These cases may force you to file a divorce case against your spouse. Never lose your heart. Good Divorce Lawyers or Attorneys for Family Court or a High Court Advocate is a must. They will make a change in family disputes.

Top Divorce Lawyers in Tamil Nadu India

Firstly, the Rajendra law office is the best law firm for family court cases in Chennai. In the first place, Divorce advocates in Chennai at our law partner team is good. They are No.1 in Tamil Nadu India. In the same way, Divorce Lawyers in Chennai for family issues handle all types of civil and Criminal Cases. This includes legal separation as well as mediation.

Contact Divorce Advocates in Chennai : +91 99942 87060

Best Divorce Advocates

Do you know any Divorce Lawyers in your area?. That too, you must contact only good Divorce advocates in Chennai. In most of the events, Attorneys with better talent may not have skill.

And in the same way, the Best Divorce Advocates with skill may not be loyal in a few places. Stop your worries now. Most of all, You are reading and lawyer web page.

Here you can contact Divorce case Lawyers in Chennai with skill and loyal.

Leading Family Court Lawyers in Chennai

Rajendra Family Court Law Firm is a division of the Rajendra Law office. Chiefly, This Law Firm is fully into litigation work for Family disputes. Child custody, family deal, and MC are also the main one here. Our Law Firm is a Leading Family Court Lawyers in Chennai.

Senior High court Attorneys | Top Legal Consultants in Tamil Nadu | Arranged Marriages in India

Here Senior high court attorneys look after the transfer of cases. This is from one court to another, One district to another district and one state to another state.

Top Legal Consultants in Tamil Nadu Mostly advise the clients to go to the court of law. Advisers of our team will plan for mediation first. Property issue due to the family problem is also one of our law practice.

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No doubt, the old style of arranged marriages is usual in India. Arranged marriages are nothing but the Same caste or race wedding. The couples in the same caste or race enjoy Sridhana and it will be grand. Hindus still do not follow inter-caste marriages.

Matrimonial Lawyers in Chennai for Marriages and Matrimonial Disputes

There are few usual marriages in India. Divorce Case Lawyers in Chennai Offer Legal Support for Marriages and Matrimonial Disputes. They are

  • Christian marriages
  • Hindu marriage
  • Muslim marriage
  • Register marriage

Other than this Inter-caste Marriage and Another Special marriage is also pretty popular.

Human rights in the metros and urban districts | Legal separation in the legal order of India

In any case, some of that is a new trend with time and a better attitude. As a matter of fact, We can see go ahead in the fields of the rise and human rights. Besides that You know what happens in the metros and urban districts.

By the way, It seems to be of late get going to cater to the need for needy people. Once Indians with a divorce case will not be able to survive in the piece of society. Urban Indian couples face issues now don’t think about the societal result. Rather they push on and file a case.

How to File For Divorce In Massachusetts (2020 Guide) – eDivorce

  1. Initiate the divorce process
  2. Notify your spouse
  3. Decide whether to pursue an uncontested divorce or a contested divorce
  4. Decide whether to hire an attorney or not
  5. Resolve the three big issues
  6. Finalize all paperwork

Or you could use an online service to streamline the process

  1. MyDivorcePapers.com ($139)

In Massachusetts, you can get a divorce in 3 ways:

  • A no-fault “1A divorce” or a joint petition.
  • A no-fault “1B divorce” or an individual complaint.
  • An individual complaint, which states that one of the spouses caused the divorce.

To file for a divorce in Massachusetts:

  • Either your spouse or you should be a resident of Massachusetts, in case the grounds for divorce have occurred in the state.
  • Either your spouse or you should be a resident of Massachusetts for a minimum period of 1 year if the grounds for divorce have occurred outside Massachusetts.
  • The spouse filing for divorce must file the papers in the Probate and Family Court of the county where either spouse lives and the case will be heard and finalized in the same place. However, if one of the spouses lives in the county where both the spouses lived together last, the divorce case will be heard and finalized in the court of that particular county.
  • In the case of inconvenience or hardship to either spouse, the court holding the jurisdiction may transfer the case to a court in the county in which the spouse resides.
  • The divorce is usually finalized:
  • 120 days from the judgment date for a 1A divorce.
  • 90 days from the hearing date in case a judgment is entered for a 1B divorce.

The Petition or Complaint for Divorce should state the grounds on which you are seeking a divorce. The lawful ground is what both spouses agree upon and that they can validate the ground on which the spouse filing for divorce wants to prove in the court. The grounds for divorce are:

  • In a joint divorce petition or a 1A divorce, both spouses agree to a no-fault divorce. The divorce petition states that the marriage has “broken down irritably”. This essentially means that both the spouses agree that neither of them is responsible for their problems and that they are unable to resolve their marital problems. In a 1A divorce, both spouses are called petitioners and the spouse listed first is known as “petitioner A”, while the other spouse is known as “petitioner B”.
  • Also a no-fault divorce, in the “1B divorce”, the spouse filing the divorce complaint is the “plaintiff”, while the other spouse is known as the “respondent”.
  • The 3rd method of getting a divorce in Massachusetts is a “fault” divorce, where there are specific grounds or reasons required for the divorce. Following are the grounds for a fault-based divorce:
  • Desertion
  • Adultery
  • Cruel and abusive treatment
  • Confirmed and gross habits of intoxication
  • Impotency
  • Non-support
  • Prison sentence of five years or more
  • Save Time & money: An online divorce service is the best way to go if you looking to have a simple divorce and be done within a couple of hours. The most trusted and our favorite provider is 3stepdivorce.com and you can get started for as little as $84.
  • Fees: The cost of filing for divorce in Massachusetts is around $200. If you are unable to pay the fees, then you can fill the “Affidavit of Indigency” and submit it along with your divorce petition or complaint to request for a waiver of the fees.
  • Lawyer Costs: If you plan to hire a divorce lawyer, then your divorce can cost between $5,000 and $35,000 and the average lawyer’s fees are around $12,600.
  • State Resource: The Massachusetts Legal Services has sample forms and self-help brochures. Each county has a website, which can offer more assistance. For information on divorce in Massachusetts, you can click here.

To file for divorce in Massachusetts, you need to complete the forms depending on the type of divorce: no-fault 1A or 1B divorce or a fault-based divorce.

Documents Needed for Filing for Divorce

Some of the basic forms that are required for a no-fault divorce in Massachusetts are:

  • Complaint for Divorce
  • Joint Petition for Divorce: This form requests the court to end the marriage on the grounds of an irretrievable breakdown.
  • Financial Statement: This is to be filled by both spouses with details of their income, assets, etc.
  • Registry of Vital Records and Statistics Certificate

If you have children you must fill:

Affidavit Disclosing Care or Custody Form: Informs the court about the custody orders of the child including who he/she has been living with.

Additional Forms:

  • Worksheet for Child Support Guidelines
  • Settlement Agreement: Has the details of the terms and conditions of property and debt division, child custody, support and visitation, alimony, etc.
  • Trial Request: Must be filled if you require a pre-trial conference.

Filing Your Forms

Once the forms are completed, you can file your papers at the Probate and Family Court in the county where either you or your spouse lives. However, in case your spouse lives in the county where both of you lived together last, you must file your divorce petition in the Probate and Family Court of that particular county.

In the case of a 1B divorce, the clerk of the court will return the copy of the divorce complaint along with the summons. You can serve a copy of the forms on your spouse in one of the following ways:

  • Making use of the sheriff in the county where your spouse lives/works.
  • Making use of a private constable. You can check here for a constable who covers the county where your spouse lives/works.
  • Request either your spouse or your spouse’s attorney to accept the service of the papers.

The county sheriff or constable delivering the divorce papers to the defendant spouse will return the proof to the plaintiff that the defendant was served and charge a fee for the service.

If the papers are delivered to your spouse or your spouse’s attorney, then they must sign in the summons stating that he/she has received a copy of the divorce complaint.

The plaintiff spouse must then mail the summon to the court to prove how the defendant spouse was served.

MA contested Divorce (High Costs)

If both your spouse and you are not able to arrive at an agreement on some or all the issues of the divorce, then the divorce is contested. a contested divorce usually goes to trial and will be heard by a judge, who will listen to both sides of the argument presented by the couple and then make decisions on the various issues.

It is recommended that both spouses hire a divorce attorney who will present your case in court on your behalf in court.

MA uncontested Divorce (Low Costs)

In the case of an uncontested divorce in Massachusetts, both spouses file a joint petition for divorce along with an affidavit of “irretrievable breakdown of the marriage” and a separation agreement. All the aspects of the divorce must be addressed in the separation agreement.

In the uncontested divorce, wherein both spouses are in agreement on all the issues, the agreement must be put into writing which the judge must approve. Even if a single issue is not agreed upon, the divorce becomes contested.

In case both spouses agree on all the terms before the divorce petition is filed, then they must file a joint divorce petition or the divorce will begin as a contested one and when the spouses reach an agreement, it will change into an uncontested divorce.

A court hearing is mandatory even in the case of an uncontested divorce as the state is regarded as a party to each marriage and should participate in every divorce in the state.

The judge represents the state who should find the settlement reasonable and fair to all the parties involved and that the children are protected properly.

In the case a spouse receives public assistance, the judge must protect the state and also ensure that all the parties have insurance coverage. An uncontested divorce is usually quick.  

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DIY divorce Papers (Slower & Least Costly)

If your spouse and you agree on all the terms of the divorce, then you can handle the divorce on your own without the help of a divorce lawyer (pro se). You can download the appropriate forms that are applicable to your situation from the Massachusetts court website (mentioned above) and fill them properly.

Taking this route will result in the lowest possible costs associated with filing a divorce in Massachusetts. The only issue with this method is the amount of time you will need to figure out what forms and processes you need to follow. 

Once you have completed the forms, then you can file them with the court clerk of the appropriate county with the prescribed filing fee.

Online Divorce Services (Fastest & Inexpensive)

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