Divorce & Child Custody
Our Expertise
Family Law- Divorce & Child Custody
Divorce is the process of formally terminating a marriage or marital union. A successful divorce allows the parties to remarry. A divorce proceeding can be initiated by either spouse and is followed by discussion and proceeding on alimony, child custody, distribution of assets etc. Child custody refers to the responsibility given to a parent to look after a child’s well-being, if the child is a minor, i.e. below 18 years of age. The parent in whom the custodial right is vested is supposed to look after the financial security, maintenance of the child with regard to proper lifestyle, healthcare, emotional, physical and medical development. Custody of children in India are decided in accordance with the Hindu Minority and Guardianship Act, 1956 together with the Guardians and Wards Act, 1890 and Indian Divorce Act.
How May We Assist You
At dk Advocate, we have experienced divorce lawyers who can provide the necessary advice and guidance with divorce laws, custody, child support etc. We assist in the filing and drafting of all the necessary paperwork required in divorce proceedings under the relevant laws/statutes. We help in both mutual and contested divorces and carefully advice our clients on the legitimate grounds for divorce in India and abroad. In case a divorce decree has already been passed, we can assist in filing an appeal for the aggrieved party. Our team is also experienced in dealing with cross-border divorces and can help understand the applicable laws and jurisdiction in such cases for the parties involved. We help in drafting the petition for divorce and file it in the appropriate jurisdiction and continue our assistance in drafting affidavits, applications and other documents necessary to the case. Our team will produce arguments on your behalf detailing the breakdown of marriage. We also assist in verifying all the necessary documents required in a divorce petition – both mutual and contested. In case of court ordered mediation for reconciliation, our lawyers provide support throughout the process. The team also provides support in seeking the appropriate alimony and supporting arguments. We can assist in filing petitions across various laws. Christians are governed by the Indian Divorce Act, 1869; Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act, 1955; and Muslims by the Dissolution of Muslim Marriages Act, 1939. The Special Marriage Act 1956 governs inter-faith marriages. Our team of lawyers are well versed with all of these laws sufficiently to assist clients seeking divorce and custody.
Our experts can also file for child custody at the appropriate court of law and guide the client on the necessary and crucial factors in child custody cases. Our lawyers understand the legal nuances and the emotional rollercoaster of such cases and thus, strive to provide the best possible solution for the contesting parent.
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