A divorce notice is the first step towards initiating divorce proceedings. Just like any other legal notice, it informs the receiver of your intent to go ahead with legal proceedings. In this case, the legal proceeding is a divorce petition.
It is not compulsory to send a divorce notice before proceeding to get a divorce. However, it is a wise step for two reasons. You will be able to know the defense taken by the other party beforehand. Moreover, you will also be able to apply for anticipatory bail if the other party files a false case against you. The second part is of particular use to men who often fall victim to false cases.
Further, both the Hindu Marriage Act (HMA), 1955, and the Special Marriage Act (SMA), 1954 do not permit divorce before passing of one year since the date of marriage. There may be exceptions to this rule, but only in case of extraordinary hardship to either spouse.
Grounds for Sending a Divorce Notice
The specific grounds vary with the governing Act. But the broad grounds remain more or less the same. Under both HMA as well as SMA, you can ask for Divorce on any of the following grounds.
- Conversion to another religion.
- Adultery or cruelty.
- Desertion for at least two years before filing the petition.
- Leprosy or any other disease that can spread through sexual intercourse.
- Not being seen or heard alive for at least seven years.
- Incurably unsound mind or other mental disorder.
- Joining a religious group and renouncing the world.
- Imprisonment for more than 7 years (under the SMA)
Apart from these grounds, a wife can file for divorce under some other grounds as well. These grounds are:
- Husband is guilty of rape, sodomy, or sexual intercourse with animals.
- Any other wife of the husband was alive at the time of marriage.
- She was married before the age of fifteen and refuted the marriage before attaining the age of 18 years.
- The wife is getting maintenance from husband under a decree or order and has not lived with the husband for more than a year since the date of such decree or order.
Contents of a Divorce Notice
It contains the following details:
- Information about the sender such as name and residence.
- Details of the advocate (if any) sending the notice on client's behalf.
- Facts about the marriage such as place, date, and duration.
- Details of circumstances leading up to the divorce.
- Name and address of the receiver.
- Reasons for seeking the divorce.
Timeline for Sending a Divorce Notice
We will send a divorce notice on your behalf within 4 business days of receiving all relevant details from your end.
Fee for Sending a Divorce Notice
The professional fee varies as per your needs.
How PocketLawyer Can Help?
If you need to send a divorce notice to your spouse, we at PocketLawyer can help. We will connect you with expert professionals. These professionals are experts in matrimony laws. You can post your requirement and they will assist you with the entire legal process at affordable prices.
Need any further help? Contact us now.