Divorce is an event that works a change in one’s life, and in India, various laws come into play concerning the religion and circumstances of marriage. Divorce as per law is applicable to all religions, but the grounds for divorce and the procedure might differ. One of the standard procedures that precede filing for divorce is sending a legal notice. In this article, we will discuss how-to steps in sending a divorce legal notice and other vital points pertaining to the concept, as a guide to help you understand the procedure.
What is a Legal Notice Of Divorce?
In the simple sense, a divorce notice is defined as a formal communication to one spouse from the other spouse stating the intention to file for a divorce. This notice serves as a kind of warning shot before the actual divorce suit is filed in court. The recipient is at liberty to settle the matter before court by agreement through conciliation, negotiation, or otherwise, thus avoiding the prospects of a long-drawn litigation.
Forcing a divorce notice into the hands of the recipient can also sometimes make him/her reconsider the matter at stake and allow for an out-of-court settlement, saving much time and emotional pain to both parties.
In India, divorce laws are governed by many acts including the Hindu Marriage Act, Muslim Personal Law, the Special Marriage Act, and so on. Although different laws have slightly varying grounds for divorce, some general grounds are:
Cruelty: May it be physical or mental cruelty by one spouse onto another.
Adultery: When one spouse has had an affair outside the marriage.
Desertion: Leaving of one spouse by the other on account of some reasonably, proved cause for a given period.
Mental illness: If a spouse is suffering from such mental illness that he/she is unable to live a normal life.
How to Serve Divorce Notice?
The procedure for issues with sending a Divorce Notice would be flexible; however, the formalities should be duly observed. The notice is to be sent by a trustworthy and reliable way, e.g., registered post or speed post- or capable of being verified-through courier. The notice sending process should be executed in such a way that the receiving spouse acknowledges the same, and the acknowledgment is preserved as proof.
Steps for Sending a Legal Divorce Notice:
Consulting a Lawyer: It is highly recommended to employ an attorney specializing in divorce processes. They ensure that the legal notice adheres to the right format and includes all the necessary details.
Provide Relevant Information: While consulting the attorney, make sure that all relevant details such as full names, addresses, and other necessary information about both parties are given. Discuss also their earlier attempts to resolve issues, dates of crucial events, and problems causing distress in the married life.
Preparing the Notice: The lawyer will prepare the notice in a legalistic manner and it needs to specify the following:
Basis of serving the notice.
Specific allegations or grievances.
Reasonable time period on which a response is to be awaited from the other party (generally it is 15-30 days).
Sending the Notice: Once drafted and vetted, the notice will be sent either through registered post or other secured methods with proof of delivery.
Wait for Response: After receiving such notice, the other spouse must respond, failing which the person sending it may file a legal action. Following up by calling the other spouse to settle matters amicably before approaching the court should also be part of good practice for the attorney.
Common Grounds for Divorce
The Hindu Marriage Act and other related laws lay down the grounds for divorce according to Section 13 of the Act. Such grounds include:
Bigamy: One spouse enters a second marriage while the first is still subsisting.
Mental Health: The condition of one spouse is such that continuing the marriage would be intolerable for the other spouse.
Adultery: An affair outside marriage constitutes a valid ground for divorce.
Cruelty: Either physical or mental cruelty by one spouse upon the other provides grounds for divorce.
What Has to Be Dissolved in Legal Notice of Divorce Notice?
While putting up a divorce notice, the following should be mentioned:
General Information: Names, addresses, and contact details of both the parties involved.
Date and Venue of Marriage: It helps to establish the timeline of the marital relationship.
Grounds of Divorce: It is a clear outline for the clear reasoning for the request.
Details of Previous Communications: Any previous attempts like meetings, letters, counseling, etc., all come here.
Action Time Framework: Realistically, a time within which the other party has to act on the notice-say, about 15-30 days, before they have to respond, or otherwise go for settlement.
The settlement may mention the terms of reconciliation or divorce settlements, as applicable.
After the divorce notice is sent, the other party can respond. This response may entail acknowledging the grievances brought forth, negotiating a settlement, or possibly denying the said grievances. If the notice recipient denies the notices within the specific time mentioned therein, the party who issued the notice can file a formal divorce petition in the court.
Consequences of Not Responding to a Divorce Notice
Failure to respond to a divorce notice could incur some consequences. An interpretation could be made that the non-response simply denotes unwillingness to resolve matters, which could thereby strengthen the position of the spouse who has sent the notice. In lesser cases, the proceedings could be made easier to further pursue a court case for a divorce.
Can You Cancel a Divorce after Filing the Notice?
Yes, a divorce notice or divorce case could be withdrawn if the matters between the parties are resolved and there is agreement to resume the marriage. This generally involves the filing of an application with the court to indicate that divorce proceedings are no longer necessary due to the resolution of issues.
It is now possible to directly send divorce notices over the Internet. Numerous trustworthy legal platforms are offering online services where you can speak to lawyers, provide information regarding the concerned matter, have lawyers draft and send divorce notices on your behalf, and so on. This would serve as a practical approach for seekers who are looking for somewhat cheaper and faster alternatives.
Conclusion
Sending a legal notice for a divorce is the first step toward dissolving a marriage. Even though a legal notice is not made mandatory, it is a sort of concrete communication that would help the husband and wife understand their rights and duties. Consulting a divorce lawyer is highly recommended so that the notice is properly drafted with all the required details and legal formalities.
Expert legal assistance can be sought for sending a divorce notice, and people can connect with lawyers experienced in divorce cases and the involvement of MyAdvo to facilitate the efficiency and effectiveness of those services.
FAQ:
Is a divorce notice mandatory? No, a divorce notice is not mandatory, but in contested divorce cases, it is common practice to send a notice before formally petitioning the court.
Can a divorce notice be sent by email? Divorce notices have traditionally been sent through post or courier, but if you can provide proof of delivery, you may send it by email. Nevertheless, sending a hard copy is still more common for legal processes.
How long does the notice of divorce take to serve? Service of the divorce notice usually happens within a few days of sending it; the recipient, however, would have to respond within the given time of 15 to 30 days.
