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How A Lawyers Initiate For Divorce Case

  • Writer: lead India
    lead India
  • Apr 7, 2023
  • 4 min read

A divorce is started by one of the spouses (the "petitioner") submitting a divorce petition, serving the petition against the other spouse (the "respondent"), and the respondent filing a written answer (and sometimes a counter-petition). Depending on your situation and the relief you want, the divorce petition may also be two pages long or 40 pages long.


You are generally not obligated to sign the divorce petition unless you're representing yourself in court. Hence, you must inform your lawyer if you wish to see it before it is submitted to the court and served on your husband.


By law, the Petition must include specific material as well as certain claims made by the party. A divorce can be initiated in a way that establishes the tone for the rest of the case. Therefore this decision must be properly thought out.

Initiation of a Divorce Case through Lawyers

  • Filing of the Petition for Divorce- A divorce petition is the first step in the initiation of the divorce procedure. One spouse must submit a formal petition to the court asking the court to dissolve the marriage, whether or not the other spouses consent to the divorce.

  • Providing Details in the Petition- Your children's names, birthdates, and addresses, as well as those of everybody in your close family, must be included in the petition. It should specify your requests for spousal support, child custody, visitation rights, child benefit, health and life insurance, and real and personal property from the court.

  • Mentioning the Grounds of Divorce in the Petition- Your choice of "no-fault divorce," which denotes "irreconcilable differences," or that the marriage is "irretrievably dissolved," must be mentioned in the petition here. You may still use the grounds of adultery, desertion, or cruel and inhumane treatment.

  • Requesting for the Court Orders- When you file for divorce, the lawyers can petition the court for temporary orders governing custody of children, child benefit, and spousal support. If you obtain a temporary restraining order, the court will convene a hearing, hear testimony from both parties, and then decide. Usually, the judge moves swiftly to make the temporary restraining order, which is in effect until the divorce is fully finalized or the court makes another decision.

  • Filing the Service Proof- When you request a divorce and ask the court for temporary orders, you have to provide your spouse with a copy of the documents and submit proof of service to the court. With the help of this document, you can prove to the judge that you adhered to the rules for "serving" your spouse with a copy of the petition filed. If you do not correctly serve your spouse and file the appropriate proof of service, the judge cannot move on with your divorce case. In these situations, a qualified expert lawyer who has expertise delivering documents to challenging parties comes for the rescue.

  • Negotiating a Settlement- You will have to reach an agreement if you and your spouse cannot agree on issues like custody, maintenance, and property division. Your lawyers may attend a settlement conference that the court arranges to discuss your case. Sometimes the court will schedule mediation appointments with a neutral mediator to help resolve any unresolved issues. Even though it is not needed in all jurisdictions, mediation can be a useful tool to reduce stress, costs, and time spent on the divorce process.

  • Going for the Trial, if Necessary- If negotiations fail, the court must intervene, which necessitates a divorce trial. A trial is typically conducted before a judge, though in some circumstances, it may be conducted in front of a jury. In any scenario, the arguments for child custody, monetary support, property partition, and other divorce-related issues are supported by facts and testimony from both sides, which the lawyers provide through both parties.

  • Finalizing the Divorce Decree- The judge's signature on the divorce decision marks the end of the divorce procedure, regardless of whether it was amicable or required a trial. It dissolves the marriage and details the distribution of assets and debts, child and spousal maintenance, and custodial and parenting time responsibilities. The lawyer for the spouse who filed the lawsuit often drafts the judgment if you and your spouse agreed on a settlement. Yet the court made the final decision if the divorce went to trial.

You will need a lawyer to initiate the divorce process without any legal complications. If you want to initiate your divorce case in Noida, then a Divorce lawyer in Noida can be hired, and if you want to initiate your divorce case in Mumbai, then a Divorce lawyer in Mumbai can be hired. Similarly, a Divorce lawyer in Kolkata can be employed if you want to initiate your divorce case in Kolkata.


At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.



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