how much is divorce attorney in india

Lawyer Charges for Mutual Consent Divorce in India

• The total expenditure of a mutual divorce will come to around ₹20,000/- in most tier 2 and tier 3 cities in India.
• Well established lawyers tend to ask for higher fees because they have a better reputation and higher success rate.
• Most lawyers charge per appearance they make for you. ...
• Some lawyers might gauge your financial capacity and then charge you accordingly for their appearance.

Full Answer

How much does a divorce lawyer cost?

The average cost for a divorce lawyer is $250 an hour and you will spend around $15,000 total. Hiring a divorce lawyer for representation, you will likely spend between $100 and $650 per hour. The price of a divorce lawyer can vary greatly by region (and even by zip code). View our local divorce lawyers or get free estimates from lawyers near you.

What is the cost of a mutual divorce in India?

The total expenditure of a mutual divorce will come to around ₹20,000/- in most tier 2 and tier 3 cities in India. Well established lawyers tend to ask for higher fees because they have a better reputation and higher success rate. Most lawyers charge per appearance they make for you.

Do you need a lawyer for a divorce in India?

Cases for divorce is not an exception. In India, divorce cases take years before they are finally settled. The court process is tedious and requires money at every step. For every draft of application, appearance in court your lawyer will charge with some or the other amount.

How much does it cost to hire a lawyer in Delhi?

Along with the options available for individual lawyer consultation, one can even go to law firms based in Delhi. Therefore, if you are opting for any decent lawyer the minimum fees will be starting from INR 2000 and the higher limit might even go to lakhs. This is mere the consultation fees.

How much does a divorce cost if both parties agree in India?

While there is no fixed rate for lawyers in India, on average, a mutual divorce can cost anywhere between ₹5,000 and ₹50,000. All lawyers take a fee depending on their stature, experience, and skill.

Do you need lawyer for divorce in India?

Keeping such problems in mind, the Indian Judiciary has made it possible to file for divorce in India without a lawyer.

How much do divorce lawyers charge in Mumbai?

Mutual consent divorce charges range between 15,000 and 30,000 if you want a divorce lawyer with a minimum of 3 years' worth of experience. Most lawyers in Mumbai charge around INR 5000 or INR 7000 per hearing, meaning that the longer the battle, the costlier it becomes.

How can I get a free divorce lawyer in India?

Where should I approach in order to seek free legal services/aid?Taluk Legal Services Committee which is in the premises of the Court in that Taluk; or.District Legal Services Authority which is in the premises of the District Court in the District Headquarters; or.More items...

What can wife claim in divorce?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

What if husband Denies divorce?

if your husband is deny the divorce and he is not come in the court and he refused the divorce to him then you have to lodge a complaint against your husband for maintenance.. and. complaint in the police station for under section 498 a ? and pressure to your husband for divorce.

Is divorce expensive in India?

The bulk of divorce fees go to the lawyers, and divorce charges for mutual divorces can range from INR 15,000 (about 200 USD) to INR 30,000 (400 USD), depending on the experience and reputation of your lawyer.

Who pays the court fees in a divorce?

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

Can I fight my own divorce case?

Answer. Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court.

How can I get quick divorce in India?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

What are the rules for divorce in India?

When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

What if I can't afford a lawyer in India?

Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority.

Can I get divorce without going to court in India?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

How can I get quick divorce in India?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

What is the rules of divorce in India?

The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.

What do divorce lawyers charge for?

A good divorce lawyer will help you split your assets, manage child custody, and also decide on appropriate alimony. However, this might require multiple sittings, increasing the overall cost. In case you have decided amongst yourself how you will manage these things, then the cost becomes a lot lower.

What are the different types of divorces in India?

The main types of divorces in India are; Mutual Consent Divorce. Contested Divorce. The mutual divorce occurs when the spouses agree to file for divorce together and then submit a joint petition. It is seen as a smoother process, as the couple tends to be more amicable. The process is mainly procedural, as both spouses give their consent ...

How to choose a divorce lawyer?

Important Points to Remember 1 Lawyers will charge for their appearance, consultation, and also for drafting documents for you. 2 Experienced lawyers can also help with your documentation, and can even make things happen in a smooth and refined manner. They reach settlements faster than younger, less experienced divorce lawyers, and can also end things amicably. 3 Try to look for divorce lawyers that people genuinely recommend, as they always turn out to be better than ones who wait by courts looking for cases. 4 Contested divorces are a lot more expensive as they take longer to conclude, and also because they involve a lot of documentation and cross-questioning. 5 Also, certain divorce lawyers charge a flat fee for a divorce, whereas others charge per hour. In case it is the latter, make sure you and your spouse discuss settlements before approaching the lawyer to curtail your expenses. 6 Child support and custody charges and other related issues can make the divorce more expensive. In case you are worried about the cost of the divorce, try to resolve such matters between each other. 7 Most lawyers will take an advance retainer ship fee, which is usually non-refundable, so arrange some money before approaching a lawyer. 8 Other expenses include Xerox charges, miscellaneous charges, and travel expenses, fees for mediators and accountants, and preparing sets for filing.

What is contested divorce?

A contested divorce is when one of the spouses does not agree to give consent to divorce. Therefore, the other spouse must file a divorce petition and then fight to prove that the marriage isn’t working. There are several grounds on which a spouse can file for a contested divorce in India.

What can experienced divorce lawyers do?

Experienced lawyers can also help with your documentation, and can even make things happen in a smooth and refined manner. They reach settlements faster than younger, less experienced divorce lawyers, and can also end things amicably.

What is divorce in court?

A divorce is the legal termination or dissolution of the institution of marriage. Divorce no longer brings the same frowns as it used to, and more people are ready to leave unhappy marriages than before.

Why are divorces so expensive?

Contested divorces are a lot more expensive as they take longer to conclude, and also because they involve a lot of documentation and cross-questioning. Also, certain divorce lawyers charge a flat fee for a divorce, whereas others charge per hour.

Have you and your partner respectfully decided to call it quits? The best option for the both of you is a mutual consent divorce. Keep reading to understand the costs involved

According to the Madhya Pradesh High Court, a notary is not authorised to perform marriages or award divorces. The Court has also directed that strict guidelines be issued to notaries and oath commissioners for neglecting to execute divorce deeds, failing which their license will be revoked.

How to Prepare for a Mutual Consent Divorce

A mutual consent divorce occurs when both the husband and wife agree to file a divorce petition collectively. This requires that they at least be on speaking terms or have a cordial relationship. The court in these petitions grants the decree for divorce only when it is satisfied that the couple has resolved how to handle crucial issues.

What to Look Into Before a Mutual Divorce

Here’s a look at what you need to look into and discuss for a mutual divorce:

Lawyer Charges for Mutual Consent Divorce in India

The total expenditure of a mutual divorce will come to around ₹20,000/- in most tier 2 and tier 3 cities in India.

How do Indian Lawyers Charge for a Mutual Consent Divorce?

While there is no fixed rate for lawyers in India, on average, a mutual divorce can cost anywhere between ₹5,000 and ₹50,000. All lawyers take a fee depending on their stature, experience, and skill. It doesn’t necessarily mean that expensive lawyers are great lawyers.

How long does a divorce take?

In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

How long does it take to get divorced by mutual consent?

The court can waive this cooling off period in some cases. So in case of divorce by mutual consent, it usually takes 18-24 months.

What is the first step in divorce?

STEP 1: First Motion involves joint filing of divorce petition.

What are the grounds for divorce?

No grounds required. Grounds include cruelty, adultery, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation, no resumption of cohabitation, and not heard to be alive.

Can an advocate charge for a hearing?

Advocates can charge on the basis of each hearing or as a lump sum on an annual basis. Women can also ask for litigation expenses from husband via court, but the amount granted by the court is usually less.

What does a good lawyer charge for?

Often, a good and an experienced lawyer charges for per hearing which he will make in the court. He may even charge for each stage of divorce procedure including draft for each application.

What happens when you file for divorce with other charges?

One may file for divorce with other charges like child custody, maintenance, domestic violence, etc. So, when there is filing for more charges then the workload of a lawyer also increases. Accordingly, a lawyer may ask for higher fees.

What is the Hindu Marriage Act?

Section 13 (B) of the Hindu Marriage Act, 1955 lays down certain conditions under which a petition for mutual consent divorce can be filed. It is significant to take advice from the top divorce advocates in India before filing for divorce in order to make sure that you fulfil these conditions. The following conditions to get a mutual consent divorce in India are as follows:

How to get divorce through mutual consent?

The spouses, who want to obtain divorce through Mutual Consent, should discuss the matter with each other about the future course of action and must come to a decision about the children if any and their education, child custody, child maintenance, alimony, financial settlement, etc., and approach the lawyer/advocate for filing the petition in the Hon’ble Court under specific provision of law for Divorce.

What is mutual consent in Hindu law?

Uncontested or Mutual Consent Divorce under Hindu Laws. Section 13 (B) of the Hindu Marriage Act deals with the provision of divorce by mutual consent. The provision also lays down the conditions that must be fulfilled to file a mutual consent divorce in India.

How to serve a petition to my spouse?

After confirming the petition (with signature, affidavits, vakalatnama and required documents) it needs to be filed before the family court and after that attorney will serve it to the spouse. If there comes any bar in serving the petition to the spouse in person then it can also be served by publishing in any local newspaper and after that, you have to wait for some reasonable time to proceed further.

How many court appearances are there in a divorce?

In a mutual divorce proceeding, there are in total of two court appearances. A petition jointly signed by both parties is filed in the respective family court which is also called joint petition.

How long do you have to wait to get divorced?

After a petition has been filed to obtain a divorce by mutual consent, the parties have to wait for a minimum period of 6 months and not more than 18 months.

What is desertion in divorce?

Desertion essentially means abandoning your spouse without any reasonable cause and without their consent. For desertion to be committed it is necessary that there must be an intention to abandon your spouse. Simply if your spouse is studying or working away from home but is stranded and cannot come back, that will not constitute desertion as there was no intention to abandon. However, when a spouse is forced to leave the matrimonial home by the conduct of the other that will not be termed as desertion. Want to know how to file divorce in India you should hire the best NRI lawyers of NRI Legal Advisors India.

Can a wife sue for divorce?

Decree or Order Of Maintenance: If a wife has obtained an order of maintenance in proceedings against the husband and if the parties have not resumed cohabitation for one year and upwards after the passing of such order then the wife can sue for divorce on that ground.

Can a spouse be divorced if they have a disease?

Under this concept, if one of the spouses has a disease that is incommunicable form and can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.

How much does a divorce attorney cost?

The total cost of a divorce is about $15,000, but can go as high as $100,000 depending on how many issues you want a judgment on ...

How much does it cost to file for divorce?

The cost will vary from state to state, but typically it’s about $300 , which can sting, considering the circumstances.

What is retainer fee?

These retainer fees are based on a divorce attorney’s hourly rate. The size of the retainer will depend on the issues discussed in an initial consultation—namely child custody, child support, alimony or spousal support, the division of property, and the division of debts.

How much does a private meditation cost?

The hourly rate for private meditation ranges, typically costing anywhere between $100 to $1,000 per hour. However, the final cost will depend on the factors discussed below. Typically, the total cost of divorce mediation is anywhere between $500 and $1,500+.

How much does Edwards Family Law charge per hour?

There are some very respectable attorneys and firms who offer a flat rate billing structure in order to keep the billing process simple for the client, such as Edwards Family Law in Atlanta, GA, who offer $295 per hour office time and $325 per hour court time.

What is more important than paying a lawyer?

Far more important than what you are paying your lawyer and the courts is hiring the right attorney. Do your research based on what you can afford, and find the right representation to protect what you have at stake.

Is divorce time consuming?

Divorces can be time-consuming and messy, and the issues in each divorce are different from one couple to the next. Because the outcome of every divorce is determined by the defendants, the attorneys, and what is at stake, it’s nearly impossible to find a standard overall cost.