CONTESTED DIVORCE

Contested Divorce proceedings commences with filing of Divorce petition. Family Court/Civil Court causes a notice to be served on the opposite party for appearance.

On receipt of summons, opposite party has to appear in person and/or through divorce lawyer and file the response.

Court may try to resolve the differences between parties to start with by conducting conciliation or sending the matter to counselor/mediation center. If there is no settlement between parties, divorce case proceeds as per procedure.

Once initial allegation and response and counter allegations process are over, which is called pleading, case is set up for evidence after determining issues of controversy between parties.

Party initiating contested divorce has to start with the evidence first. Other party is given a chance to cross examination witness/es of the opposite party.

After that responding party i.e. Respondent has to lead evidence. Similarly, cross examination process is conducted by the divorce lawyer of opposite side.

After conclusion of evidence, Final arguments are advances by divorce lawyers from both sides.

Then the court pronounces judgement. If party initiating divorce is able to prove the case, Family Court/Civil Court will grant the decree of Divorce.