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Divorce & Family Matters in India: Information & Options
Mutual consent or contested, custody, maintenance, domestic violence — learn the procedural landscape and connect with a verified independent professional via Pro Firmo.
This page is informational. Pro Firmo does not advertise, recommend or endorse any specific advocate. We facilitate access to verified, independent professionals; engagement, fees and outcomes are between you and the professional you choose.
The common problem
Family-law cases are uniquely heavy — they're about money, children, dignity, and decades of history at once. People come to us at very different stages: thinking about leaving, mid-mediation, served with a §85 BNS complaint, denied custody, owed maintenance for years. The right first conversation saves months later.
How Pro Firmo helps you understand and access
- Educational overview of grounds for divorce, custody, and maintenance under Indian personal-law statutes.
- Plain-English process map for mutual-consent and contested divorce.
- Reference notes on Section 144 BNSS, HMA §24/25, DV Act §20, and BNS Sections 85/86.
- Document checklists for filings.
- Access to verified independent professionals via Pro Firmo, who can advise on your specific situation.
Documents you'll need
- Marriage certificate
- Income proofs (ITR, salary slips) of both spouses
- Property and asset documents in joint or single names
- Children's birth certificates and school records
- Any prior court orders or police complaints
- WhatsApp / email evidence of cruelty, threats, or financial misuse
Expected consultation process
- 1AI screens your situation — type of relief, urgency, jurisdiction.
- 2You're matched to 3 family lawyers (women lawyers available on request).
- 3Confidential 30–45 minute consultation.
- 4Strategy memo in 48 hours, drafting begins on engagement.
- 5Court filings, mediation, and hearings — fully tracked.
FAQs
- How long does mutual-consent divorce take?
- Minimum 6 months under §13B HMA (cooling-off period). Supreme Court can waive it in clear cases; some High Courts have been waiving it routinely after 18 months of separation.
- Will my wife / husband get half of everything?
- Indian law has no automatic 50:50 split — alimony and asset division depend on income, conduct, length of marriage, and the SC's 8-factor framework (Kiran Jyot Maini, 2024).
- Can I get custody as a father?
- Yes — the welfare of the child is the only test, not the parent's gender. Courts increasingly grant joint or shared custody where both parents are fit.
- Is anticipatory bail possible in a 498A / BNS 85 case?
- Yes — and post the Arnesh Kumar guidelines, courts grant it in the first hearing for most non-violent allegations.
