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The party seeking the divorce has to file petition to initiate the divorce procedure in India before the appropriate court. The petition must have the ground of divorce mentioned and substantiated at later stage with evidence. Guidance and advice of experienced and competent divorce lawyer is needed.
If anyone wants a divorce, they must prove that marriage is breaking down due to one of the five bases: two years' separation with consent. To prove that the separation of two years, you must show that: Both spouses must live apart for at least two years before filing the divorce case.
At the initial hearing, the judge will see what the status of the case is, start to find out what the issues are that need to be decided, and take steps to move the case forward to a final decision. This is not the final hearing. The judge will not make final decisions at this hearing. You must attend this hearing.
FAQ The names of the parties involved in the divorce. The date of marriage. The date of separation. The grounds for divorce. The division of property, assets, and debts. The child custody and visitation arrangements. The amount of spousal support (if any). The amount of child support (if any).
Unless you apply for divorce, separation (long or short) doesn't lead to automatic divorce. On the other hand, automatic divorce can result from a long separation in exceptional cases. It sounds confusing, but we'll help you understand.