Exploration of Divorce Options: Mutual vs Contested Divorce

Divorce becomes a very difficult and emotional thing, though learning the process will help you get a better decision. A person wrote to a legal advisor seeking advice on how to go about divorce after unending conflict in married life. They wished to know the options open to the person and how the legal process worked, particularly explaining the difference between mutual vs contested divorce.

Situation

Problem:

This person had gone into marriage just for five months, and now she was all on her own, facing arguments from every angle. Family members constantly got intrusive. This person now is weighing the option of divorce and wants to know how it works.

They wanted clarification about mutual divorce vs. contested divorce, plus details of alimony.

Key Issues

• Continuous Conflicts: The person mentioned frequent fights with his or her couple, usually with not-so-relevant causes.
• Family Intervention: Family members interfered in the course of the marriage, which added more pressure.
• Contemplation of Divorce: The person wanted to know what divorce involved in process terms.
• Alimony Matters: They were also anxious about how alimony will be treated.
• Evidence Collated: The person collected documents, such as marriage certificates, communication records with their spouse, and any other pointers to family interference, to be produced as evidence in their divorce proceedings.

Solution

Explaining the Divorce Process

The family lawyer elaborated on the two processes of divorce: mutual and contested divorce.

• Mutual Divorce: The lawyer mentioned mutual divorce, which, in fact, is the quickest and simplest form of divorce. It might take about 6 to 7 months and would involve joint agreement by both parties on the topics of division of property, child custody, and alimonies. This usually costs less and is less of an emotional liability for both parties.
• Contested Divorce: A contested divorce process occurs when both spouses can’t agree. It may take around a year. It involves more court hearings, and the judge will decide on custody and property distributions. The person was worried about their spouse not accepting a mutual divorce, leading to a contested one.

Alimony and Financial Considerations

The lawyer also discussed the alimony or spousal support. Alimony is money that a spouse may actually be required to pay to another spouse post-divorce. Mutual divorce is when both parties generally agree on the payment of alimony. Contested divorces are decided by the court on how much money is to be paid depending on things like what each spouse actually earns and how long they’ve been married.

Documents Required

The present lawyer says that certain important documents would be the same to start either a mutual divorce or a contested one. These are as follows:

• Marriage Certificate: Proof of the marriage.
• Communication Records: Any type of written communication that could help settle the case.
• Property and Financial Documents: Information about the property and liabilities of the couple.
• Evidence: In contested cases and other scenarios, evidence like family interference may be useful.

Cost and Time

The person wanted to know about the costs of divorce. A mutual divorce costs between 50,000 and 60,000 INR, which includes legal fees and court costs, as explained by the lawyer. This amount may vary according to the case’s complexity; mostly, it takes less time.

On the other hand, since a contested divorce takes more time and is longer in terms of court hearings, it is costlier. According to the lawyer, a contested divorce might stretch up to a year or more, thereby increasing its cost.

Next Steps

Emergency measures were suggested to try and talk to the spouse to see if any agreement could be reached on a mutual divorce. It would have saved time and money. The alternative was that should no agreement be arrived at, the individual could go ahead with a contested divorce.

Outcome

They were able to understand and make an informed decision. They already understood that it could be sooner and not more expensive if it was a mutual divorce agreed upon by both. If not, then possible preparation was made for a contested divorce, which may take longer and may be more costly.

This really organises thinking out of legal advice for the people in approaching their situation clearly and directing toward the next step.

Did You Know?

• Mutual Divorce: One very quick and economical option, while both spouses need to settle on everything between them.
• Contested Divorce: This takes longer and costs more but is necessary when the spouses cannot agree.
• Alimony: This can be either settled by both spouses or ordered by the court, based on the divorce type.

Conclusion

Divorce is hard, but with the help of the options available, it can be less challenging. Whether to adopt a mutual or contested divorce option, it is best to be informed on processes, costs, and documents. Clarity in communication and legal support are crucial in traversing this path.

If you plan to go for a divorce, early legal advice would save you from the stress of such an event in life. Zolvit is the company that guides their clients throughout this procedure by protecting their rights and helping make decisions.