Best Divorce Lawyer in Sushant Lok Phase-1 Gurgaon
Best Divorce Advocate in Sushant Lok Phase-1 Gurgaon
Are you in search of a Divorce law firm in Gurgaon? Here’s Why People Trust Preeti JD
Do you want the most seasoned divorce attorneys in Gurgaon concentrating on family law to assist couples and individuals seeking a divorce or judicial separation? Advocate Preeti JD Associates & Solicitors is your best bet. We have offices in Delhi and Gurugram to assist you and for your convenience.
Attorney or lawyer Preeti JD founded Advocate Preeti JD Associates & Solicitors. A highly known and experienced attorney, she has been litigating in various Delhi and Gurgaon courts for more than seventeen years. In family law and divorce, she has been offering excellent legal representation.
Some of the things she specialises in are divorce, separation, alimony, child custody, property distribution, parental rights, dowry harassment, domestic violence, divorce financial settlements, and more.
In-Depth Expertise and Powerful Capabilities in Family and Divorce Law
A divorce case frequently presents a host of unexpected challenges. That’s why it’s essential to have skilled divorce attorneys by your side. A touch of legal expertise can transform even the simplest divorce into a fierce battle. Our attorneys excel in both skilled negotiation and relentless courtroom representation, ready to tackle any challenge that comes their way.
Our firm’s lawyers expertly manage a wide range of family law matters, including divorce, child custody, child support, paternity, and domestic violence, among others. We believe in keeping our clients fully informed at all times, empowering them to make decisions that align with their goals. Our unwavering support and expert guidance persist long after your case reaches its conclusion.
Divorce and Separation—Take Divorce on Your Terms
Selecting a law firm for your divorce can feel challenging and overwhelming. Exercise caution! A rookie lawyer pulled from the bustling courtroom could jeopardize your future. Select wisely; avoid any potential risks. The expertise and skills of your divorce attorney can significantly influence the outcome of your case.
With a focus on family law, Advocate Preeti JD Associates & Solicitors boasts a dedicated team of over 20 exceptional divorce law experts. Our deep expertise in divorce law allows us to recognize the challenges and transformative nature of divorce proceedings. Navigating the complex challenges of divorce can take considerable time, drain emotional resources, and impose financial strain. When deep emotions come into play, the stakes rise significantly.
We recognize that traditional legal approaches often fall short in effectively addressing divorce matters. Our advocates take a comprehensive approach when advising you, providing well-rounded and detailed recommendations. We strive to provide genuine legal solutions to challenging divorce matters. We are recognized as the leading divorce attorneys in Gurgaon for this very reason.
Choose Advocate Preeti JD Associates & Solicitors for unparalleled expertise in family law. Trust our team to skillfully and empathetically guide you through the intricacies of divorce.
Divorce Laws in India
Divorce laws in India are governed by various personal laws based on religion, making the process legally complex. The legal framework includes:
- Hindu Marriage Act, 1955: Applicable to Hindus, Buddhists, Sikhs, and Jains. It allows both mutual and contested divorce with provisions for alimony, child custody, and property division.
- Muslim Personal Law: Divorce among Muslims is governed by Islamic principles, including Talaq, Khula, and Mubarat. Triple Talaq has been banned by the Supreme Court.
- Indian Divorce Act, 1869: Governs divorce for Christians in India, covering grounds like adultery, cruelty, desertion, and conversion.
- Parsi Marriage and Divorce Act, 1936: Applies to Parsis, outlining legal grounds such as bigamy, adultery, and cruelty.
- Special Marriage Act, 1954: Covers interfaith and civil marriages with specific legal provisions.
- Protection of Women from Domestic Violence Act, 2005: Protects women from physical, emotional, sexual, and economic abuse.
- Dowry Prohibition Act, 1961: Criminalizes dowry demands, often linked to divorce cases.
Given the complexity of these laws, hiring an experienced divorce lawyer is crucial to navigating legal proceedings efficiently.
Divorce Procedure in India
The divorce process varies depending on whether it is mutual or contested:
Mutual Consent Divorce Procedure
- Filing of Petition: Both spouses file a joint petition for divorce in the appropriate family court.
- Cooling-off Period: The court provides six months for reconciliation before proceeding further.
- Second Motion & Final Hearing: If reconciliation is not possible, the second motion is filed, and the court grants the divorce decree.
To know more about Mutual Consent Divorce Procedure click here.
Contested Divorce Procedure
- Filing of Petition: One spouse files a petition citing legal grounds for divorce.
- Response by the Other Party: The other spouse may contest the allegations or present counterclaims.
- Evidence & Court Proceedings: Both parties present evidence, witness testimonies, and arguments in court.
To Know More About Divorce in Detail Click Here.
Judgment & Decree: The court issues a final verdict based on the evidence and legal considerations.
Hindu Marriage Act of 1955 divorce
The Hindu Marriage Act’s Section 13 lists the following reasons for divorce:
- Adultery: Adultery is a legitimate reason to file for divorce. But according to a recent Supreme Court ruling, it is no longer a crime.
- Desertion: Desertion is when a spouse is left behind by another. Hindu laws recognize it as a legitimate reason for divorce.
- Insanity: If one spouse is permanently insane, the other spouse may dissolve the marriage by merely submitting a divorce petition to the court via a divorce attorney.
- Conversion: A person may file for divorce on the grounds of conversion if they change their religion without their spouse’s approval.
- Renunciation: If one partner has completely given up on family life, the other may choose to file for divorce on the same grounds.
- Cruelty: It is commonly known that cruelty can manifest in both mental and physical forms. The only person who can guide you through the grounds for filing for divorce is a divorce lawyer with a wealth of experience and wit.
- Venereal disease
- Presumption of death: One person may file for divorce if they haven’t heard from the other for more than seven years.
In addition to the previously listed grounds, a wife may also use the following grounds to file for divorce:
- The husband was still married and his first wife was still living at the time of the marriage.
- The husband is found guilty of crimes that are not natural.
- if she gets married before reaching the legal marriage age.
Divorce under the Dissolution of Muslim Marriage Act, 1939
The Dissolution of Muslim Marriage Act of 1939 permits divorce. Compared to Hindu marriages, Muslim marriages are more contractual in nature. As a result, Muslim marriage and divorce laws are different from Hindu ones. The reasons a Muslim man or woman may choose to file for divorce are as follows:
- For four years, the whereabouts of the husband have been unknown.
- For two years, the husband neglected to give the wife maintenance.
- The husband has been incarcerated for seven years or longer.
- If the girl, who was married before the age of 15, chooses to file for divorce or dissolve the union before turning 18.
- In Muslim marriages, if one spouse suffers any physical or mental harm, the other spouse may file for divorce.
Muslim Marriages are more of a contract as compared to Hindu Marriages. Hence, laws governing Muslim Marriages and Divorce differ from those of Hindus. The following are the grounds a Muslim man/woman can opt for to seek Divorce:
- Husband’s whereabouts have not been known for 4 years.
- Husband failed to provide maintenance to the wife for 2 years.
- Husband is under imprisonment for seven or more years.
- If the girl was married before 15 and decides to seek a divorce/ end the marriage before she turns 18.
- Under Muslim marriage, the spouses can seek a divorce when he/she is subjected to any kind of mental or physical injury.
Divorce Mutual Settlement Agreement – How It Works & What to Include
Divorcing can be complex, and there are no straightforward methods or established guidelines for asset division. Partnering with the experienced divorce lawyers at Adv Preeti JD Associates & Solicitors ensures you understand the divorce process and allows your partner to negotiate the terms on your behalf. Following a separation, we excel at guiding our clients toward achieving equitable settlements.
During a divorce, the law stipulates that a married partner is entitled to receive half of the total value of all assets and debts accumulated throughout the marriage. These agreements encompass a diverse array of assets, including investments, bank accounts, stocks and shares, real estate, and vehicles.
Couples navigating divorce can achieve a harmonious resolution beyond the courtroom with the guidance of a lawyer. Having a skilled lawyer, such as Adv Preeti JD, by your side is crucial for effective negotiation and problem-solving. Attorneys can bypass hearings by formalizing the agreement with a “Consent Order” once both parties have reached a consensus.
When negotiations with your ex-spouse fall short, the court can step in to establish a fair financial order that both parties are required to adhere to. It’s essential to have a skilled attorney by your side, someone who will advocate for your rights and work tirelessly to secure a victory in your case.
Child Custody Lawyers in Sushant Lok Phase-1 Gurgaon: Guardianship, Support, and Parenting Rights
We are known as one of the best Child Custody Lawyers in Sushant Lok Phase-1 Gurgaon at Adv Preeti JD Associates & Solicitors because we believe that every child deserves to be loved and cared for by parents who are committed to their job. When you are fighting over child custody or child guardianship, your lawyer has to show the court that you are a loving and caring parent who puts your child’s needs first.
Having child custody means taking care of, controlling, and paying for a child under the age of 18. When a couple gets divorced, the court tries to make sure that the kids see both parents often, unless it’s not in the best interest of the kids.
Parents can have either physical or legal custody of their children. The amount of time a child spends with each parent is based on who has physical custody. A child can have joint custody or sole custody. In contrast, legal custody includes making important choices about the child’s education, health, and upbringing, among other things. Legal custody can be shared or solely owned by one parent.
Contact Adv Preeti JD Associates & Solicitors if you are being accused of something or are worried about the safety of your child. We are experts in guardianship, child support, and parental rights issues, and we can help you.
Alimony (Spousal Support) – Know Your Rights and What the Law Says
During the divorce or separation process, many people worry about having to pay alimony. Our lawyers know a lot about the money issues that come up in divorce cases, like alimony and spousal support. Learn about your rights when it comes to money and how to get a fair settlement with our help. Another name for alimony is spousal support. To get it, one spouse has to show the court that they deserve it. The court looks at several things, such as:
- For the whole time they were married.
- Habits of both partners before and after getting married.
- The partner who is paying can meet the partner who is asking for money.
- The partner who is asking has given up their job or income to care for the family and children.
- The assets and income (both direct and indirect) of each spouse.
- Problems with partners’ debt, health, and mental and physical well-being.
- The responsibilities and duties that each partner has during the marriage.
- We understand if you’re worried about having to pay alimony or spousal support. We have been in the alimony business for ten years, so we know how to get the best results for our clients. You can be sure that we will do everything we can to find a fair solution that protects your interests.
Dowry Harassment and Section 498A – Expert Legal Defence in Sushant Lok Phase-1 Gurgaon
Our Divorce Lawyers in Gurgaon Are Experienced and Skilled in Handling:
- Contested Divorce
- Mutual Consent Divorce
- NRI Divorce Cases
- Maintenance & Alimony
- Child Custody & Visitation
- Property & Asset Division
Expert Divorce Law Guidance You Can Rely On from Gurgaon’s Top Family Law Professionals
Want a divorce lawyer who will tell you the truth instead of what you want to hear? Our family law firm is the only place you need to go. Our clients always get honest advice from us, no matter what. When you come to us for help with family law issues like divorce, adoption, or any other type of case, we’ll be honest and clear about what to expect from the legal process. Our goal is to help you keep your eye on getting the best result for your case.
The lawyer you choose should not only tell you what you want to hear. Call us at +91 8587025281 to set up a free consultation and find out more about how our law firm can help you.
Why Should You Connect with Adv Preeti JD?
Divorce can take an emotional toll on everyone involved. During challenging moments, a divorce lawyer in Gurgaon can expertly navigate your circumstances and address your concerns. To ensure a favorable outcome for all parties involved, securing the top divorce lawyer in Gurgaon is essential for your case. While divorce can often feel overwhelming and exasperating, it doesn’t have to be that way. The key lies in one crucial element: the efficiency and effectiveness of your divorce attorney.
Adv Preeti JD will be by your side throughout the entire process, examining your case from every perspective. Adv Preeti JD and her legal team possess the skills and knowledge you need to build a compelling divorce case. Rest assured, you will receive a tailored solution for your lawsuit, guided by esteemed divorce attorneys with decades of experience and a proven track record, dedicated to ensuring that justice is served for you.
What Makes Adv Preeti JD the Best Divorce Lawyer in Sushant Lok Phase-1 Gurgaon?
Finding a divorce lawyer in Gurgaon can be a herculean task if you have no idea where you need to approach. For the past many years, Adv Preeti JD has handled several divorce cases to ensure that the concerned client’s fate is not at stake and tries to secure them through effective laws and evidence, aspects which can drive the path of any divorce case in courts.
Matrimonial cases can sometimes even lead to serious repercussions, such as landing one behind bars. Adv Preeti JD’s legal team makes sure you are provided with the best legal advice on divorce matters. They guide you through the process, ensuring a positive outcome and preventing you from meeting a bad fate. Adv. Preeti JD is highly proficient when it comes to cases such as child custody, alimony and maintenance, domestic violence leading to separation, anticipatory bail, 498 A Crpc, etc. He has been handling divorce cases throughout all family courts in Gurgaon and has a PAN India presence. Hence, if you are looking for a divorce lawyer in Sushant Lok Phase-1 Gurgaon, connect with Adv Preeti JD to avail a hassle-free legal experience.
Duties & Tasks of an Advocate – What We Do For You
Criminal, civil, corporate, and intellectual property law are just a few of the areas in which Adv. Preeti JD excels. At Advocate Preeti JD Associates & Solicitors’ general practice, we help clients with a broad variety of legal issues.
Civil disputes, criminal accusations, and business transactions are just a few of the typical types of cases handled by Gurgaon’s law firms. When it comes to negotiations, court cases, or other legal concerns, they might represent anybody from individuals to big companies.
Unless the case in question falls under a specific category, the majority of Gurgaon’s attorneys will charge their clients by the hour. Potential clients can take advantage of free initial consultations offered by many Gurgaon law firms to have an attorney assess their case and give them a ballpark figure for what they can expect to pay for legal representation.
On the whole, Girga law firms help their clients by representing them in court, advising them on legal matters, mediating disputes, and defending their clients’ rights.
Adv. Preeti JD goes above and beyond to help clients with civil and criminal law by providing them with expert advice, consultation, and representation. Being a part of a legal association gives us a leg up when we fight for our clients’ rights.
Curiously, the nature and facts of the case are impacted by the level of trust that has been established between our client and ourselves, as well as by a thorough examination of the case.
Even though crime is on the rise in today’s fast-paced world, our team is dedicated to providing our clients with the best service possible. For that reason, no one in Gurgaon recommends Adv. Preeti JD is more highly valued than others.
Book Appointment
FAQs on
Divorce Lawyer in Sushant Lok Phase-1 Gurgaon
How long does a mutual divorce take in India?
A mutual divorce usually takes 6 to 12 months, depending on court procedures and mandatory waiting periods.
What are the grounds for filing a contested divorce?
Grounds for contested divorce include cruelty, adultery, desertion, mental illness, and irretrievable breakdown of marriage.
Can I get a divorce without my spouse’s consent?
Yes, a contested divorce can be filed if one spouse is unwilling to agree to the separation.
How is child custody decided in divorce cases?
The court prioritizes the child’s best interests, considering financial stability, emotional well-being, and parental care.
What are the legal rights of a wife after divorce?
A wife may claim alimony, child custody, property rights, and protection under domestic violence laws.
What is the difference between judicial separation and divorce?
Judicial separation allows spouses to live separately without terminating the marriage, while divorce legally dissolves the marriage.
Do I need to appear in court for a mutual divorce?
Yes, both parties must appear in court for at least two hearings before the divorce is granted.
Can a divorce be challenged after the decree is granted?
Yes, an appeal can be filed if there are legal errors or new evidence within a specific timeframe.
Is alimony mandatory in all divorce cases?
No, alimony is decided based on financial needs, earning capacity, and case specifics.
Is a cooling-off period mandatory in mutual consent divorce?
Yes, a six-month cooling-off period is required but may be waived by the court under certain circumstances.
What is the difference between Talaq and Khula in Muslim law?
Talaq is a husband’s right to divorce, while Khula allows a wife to seek separation from her husband.
Can a husband refuse to give a divorce?
In a contested divorce, if one spouse refuses, the other can still file under valid legal grounds.
What are the steps involved in a mutual consent divorce?
The process includes filing a joint petition, appearing for the first motion, observing a six-month cooling-off period, filing the second motion, and finally, getting the divorce decree from the court.
Is the six-month cooling-off period mandatory in a mutual consent divorce?
The six-month cooling-off period is generally required, but the court may waive it in exceptional cases where reconciliation is not possible, and both parties are firm in their decision.
What documents are needed for filing a mutual consent divorce?
Documents include a marriage certificate, address proof of both spouses, photographs, income proof, asset details, and any agreements related to child custody, alimony, or property division.
Can mutual consent divorce be withdrawn after filing?
Yes, either spouse can withdraw their consent before the second motion is filed, in which case the divorce proceedings will not continue.
How long does it take to get a mutual consent divorce?
The minimum time is six months, but if the cooling-off period is waived, it can be completed in a few months. However, in some cases, delays may occur due to court schedules.
What are the steps involved in a contested divorce?
A contested divorce follows these steps: filing a petition, serving a legal notice to the other spouse, court hearings where both sides present evidence, arguments and witness testimonies, and finally, the court’s judgment and issuance of a divorce decree.
On what grounds can a contested divorce be filed?
A contested divorce can be filed on grounds such as cruelty, adultery, desertion, conversion to another religion, mental disorder, communicable disease, and irretrievable breakdown of marriage.
How long does a contested divorce take in India?
A contested divorce can take several years, usually between 2 to 5 years, depending on the complexity of the case, the number of hearings, and the backlog of cases in the court.
Can one spouse refuse to give a divorce in a contested case?
Yes, one spouse can contest the divorce, but if the petitioner proves valid legal grounds, the court can still grant the divorce even without the other spouse’s consent.
Can a contested divorce be converted into a mutual consent divorce?
Yes, if both parties agree to resolve their disputes amicably during the proceedings, they can request the court to convert the case into a mutual consent divorce, which is faster and less stressful.