Contested Divorce Lawyer – Expert Legal Representation for Complex Divorce Cases
Understanding Contested Divorce in India
Divorce is never easy and when one spouse does not agree to the separation, the process can become legally complex and emotionally draining. A contested divorce occurs when one spouse files for divorce but the other does not give consent or disputes key issues such as child custody, alimony, asset division or reasons for separation. Unlike mutual consent divorce, contested divorce requires strong legal representation to navigate the court proceedings effectively.
At Legumways, our experienced contested divorce lawyers in Delhi provide strategic legal assistance to protect your rights and ensure the best possible outcome in your case.
Legal Grounds for Contested Divorce
Under Section 13 of the Hindu Marriage Act, 1955, a contested divorce can be filed on various grounds, including:
- Adultery – If one spouse engages in an extramarital affair.
- Cruelty – Physical or mental cruelty that makes cohabitation unbearable.
- Desertion – If one spouse abandons the other for at least two years.
- Conversion to Another Religion – If a spouse changes religion without consent.
- Mental Disorder – If the spouse suffers from an incurable mental illness.
- Incurable Disease – If the spouse has a communicable or incurable illness.
- Renunciation of the World – If the spouse has renounced worldly life and become a hermit.
- Presumption of Death – If a spouse has been missing for seven years or more.
Each case is unique and strong evidence is required to prove the claims in court. Our contested divorce lawyers ensure that all legal aspects are handled meticulously to build a compelling case.
Step-by-Step Legal Procedure for Contested Divorce
Step 1: Filing the Divorce Petition
- The petitioner (spouse filing for divorce) submits a detailed petition in the Family Court.
- The petition includes the grounds for divorce, supporting evidence and details of marital disputes.
Step 2: Court Summons to the Respondent
- The court issues a notice to the other spouse (respondent) to appear in court.
- The respondent must file a reply either accepting or contesting the claims.
Step 3: Evidence Submission & Arguments
- Both parties present their evidence, witnesses and legal arguments.
- This stage involves cross-examination, expert testimonies and legal strategies.
Step 4: Mediation & Settlement Attempts
- The court may direct the couple to undergo mediation to explore reconciliation.
- If mediation fails, the case proceeds to trial.
Step 5: Final Judgment & Divorce Decree
- Based on evidence, witness statements and legal arguments, the court delivers a final judgment.
- If the petition is granted, the marriage is legally dissolved.
Key Aspects in a Contested Divorce
1. Child Custody Disputes
- Courts prioritize the welfare of the child while deciding custody.
- Parents may fight for sole custody, joint custody or visitation rights.
- Our lawyers ensure that the child’s best interests are protected in court.
2. Alimony & Maintenance
- One spouse may seek financial support (alimony) from the other.
- The amount depends on income, financial stability and lifestyle.
- Our legal team negotiates fair compensation for our clients.
3. Property & Asset Division
- Courts determine the equitable distribution of assets.
- Stridhan (wife’s personal property) remains with the wife.
- We help clients secure their rightful share of assets, property and investments.
Challenges in Contested Divorce
- Time-Consuming – Can take years due to lengthy court battles.
- Financial Burden – Legal fees and court expenses can be high.
- Emotional Stress – Long disputes may affect mental well-being.
- Uncertain Outcomes – Court decisions depend on evidence and legal arguments.
Why Choose Legumways for Contested Divorce Cases?
- Experienced Contested Divorce Lawyers in Delhi
- Strategic Legal Representation & Case Preparation
- Expert Negotiation for Child Custody & Alimony
- Transparent & Cost-Effective Legal Services
- Confidential & Client-Centric Approach
Need Legal Assistance? Call Us at +91-9711016110
At Legumways, we understand the complexities of contested divorce and provide personalized legal support to protect your rights and achieve the best possible resolution. Contact us today for a consultation and expert legal guidance on your case.