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Usually, spouses who decide to file for divorce face a number of problems arising from their ignorance of the procedure. As Divorce Lawyers in Chennai, we provide the information as to How to file Divorce in Chennai in 2022.
Stage 1. Preparation of a statement of claim and documents for divorce
Before you go to court, you need to write a statement of claim. You can do it yourself or entrust it to a Divorce Lawyer in Chennai for a small price. In the second case, you do not risk that the claim will be returned due to incorrect execution.
What documents are attached to a divorce suit?
- marriage certificate, must be in original;
- photocopies of children’s birth certificates;
- an extract from the house book or a certificate from the place of residence of the defendant;
- a copy of an identity document (passport);
- receipt of payment of state duty for divorce through the court.
If in parallel within the same process you want to recover child support from the defendant, then you will also need a certificate of the place of residence of the children. You, as the initiator of the process, must yourself file a claim with the court or use the appropriate legal services . What is its essence, read in a special material.
The statement of claim must contain information about the place where the marriage was registered and the date of this event. You need to indicate information about common children and the reason for the dissolution of the marriage, although it is of a formal nature. The law states that a marriage is subject to dissolution if at least one spouse has expressed such a desire.
Stage 2. Consideration of the case at the court session
If the application and documents for divorce through the court are accepted at the secretariat, a hearing will be scheduled. Your appearance at the hearing is required, unless otherwise specified in the statement of claim. If you used the services of a Divorce Lawyer in Chennai during a divorce, indicating in the power of attorney that he can be your representative, then you may not be present in court.
In one of our articles, we described in detail what representation in court is . There are times when your presence at meetings is undesirable, or you are not comfortable being near the respondent. Sometimes it is worth taking advantage of this opportunity so as not to waste your nerves. After all, a Divorce Lawyer in Chennai will do everything professionally on your behalf.
Stage 3. Deciding on a divorce
After the judge examines all the circumstances of the case, listens to the arguments of both parties and third parties, he will decide on a divorce. He will do this after repeated attempts to reconcile the parties and save the family. It is important to understand that the main goal of any divorce proceedings is to separate the spouses with minimal negative consequences for children.
Stage 4. Obtaining the court decision by the parties
Some time after the announcement of the court decision, you will receive it in printed form with the signature of the judge and the seal of the court. The second copy will be sent to the opposite side. If a decision was made to recover alimony, then in addition to the decision itself, you will receive a writ of execution, which must be transferred to the bailiff service to initiate enforcement proceedings.