Can my spouse stop me from getting a divorce?
Table of Contents
Can my spouse stop me from getting a divorce?
If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship.
Do both spouses have to sign for a divorce?
Generally, the divorce papers do not need signatures from both parties to move forward. There is little need to ensure that the other spouse is in agreement to end the marriage legally. However, if both spouses are amenable to the process, it can permit both to progress through the divorce amicably.
How can I get divorce from my husband without mutual consent in India?
Grounds Of Divorce Without Mutual Consent Applicable To Both Husband & Wife. If other party in a marriage have sexual intercourse with someone else after solemnization of the marriage, it results in a valid ground for divorce without mutual consent under the Hindu Marriage Act.
Can you get divorce without your spouse signature in India?
There is no such thing as automatic divorce in India as proper legal measures have to be taken in order to nullify the matrimonial bond. In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.
