When one realises that his or her marriage has come to an end, divorce must be one of the many things going on in mind. In case you have made your mind and have decided to initiate the legal proceedings, the initial step shall be about the divorce notice. There are various questions which may come to mind regarding the divorce procedures or notice, such queries have been answered below in relation to the divorce laws for divorce in India.
Legal Notice for Divorce
A legal notice could be understood as a conveyance of intention to start a legal process against the receiver of the notice in the absence of any relief sought. Whether the party has decided to divorce or legally separate, the intention shall be expressly mentioned in the legal notice served. A legal notice for divorce would clearly express that the spouse no longer wishes to continue the marriage, and the other party to the marriage has the option to accept or reject the same.
A legal notice is just an intimation before approaching the courts. Information as to how to send legal notice to a wife may not only include the format of legal notice for divorce in India but other legal consequences such as alimony, child custody, etc. However, all these aspects are not supposed to be included in the legal notice for divorce.
Sending Legal Notice for Divorce
Before sending a legal notice conveying your intentions, consultation with divorce lawyers is the first step.
They would have an in-depth discussion with you about legal aspects related to such divorce notice.
How to Write a Legal Notice for a Divorce?
No specified format for legal notice for divorce has been provided under the Indian laws. Questions such as how to file divorce shall depend upon the reply sent against the divorce notice sent to the wife or husband.
How to Send a Divorce Notice Online?
No specific format for legal notice for divorce as per laws in India has been provided. But, serving a life partner with divorce notice in India is a formal process. One can send a legal notice via post or by personally bringing the same to the spouse's notice. As for the answer to the question if notice could be sent via email, online modes also allow the user to archive, delete or even transfer the mails in trash. In such a situation, the divorce notice sent to the husband or wife could be denied in the court of law. But, in case the spouse resides in a foreign country, the divorce notice could be sent online.
What Happens if I Reject Divorce Notice?
The intent for sending a divorce notice to the wife or husband is to let the other party know about the intention to end the marriage. The parties may also either consider for conciliation or separate amicably through divorce by mutual consent.
How is a legal notice drafted ?
Legal notice should be drafted on the letterhead of a lawyer appointed by the aggrieved party.
The legal notice must contain the communication details of the sender of the notice including his name, contact number, address,etc. on whose behalf the notice has been sent.
Legal notice must also include name and contact details of the advocate sending the notice. The signature of the advocate and date shall be included in the Notice as well.
The notice would explain as to how the legal rights of the aggrieved party have been infringed.
The notice must also include the specific directions for the opposite party as well as the time limit provided for sending the reply.
Conclusion
It could be understood that legal notice for divorce in India is merely the first step towards ending a Marriage. If things are handled mutually by the parties, it will be the best option for everyone involved. However, the other partner sometimes does not agree to divorce, in such a situation the aggrieved party can file for contested divorce on the grounds provided under the law. There are other issues involved as well, such as child custody after divorce. The facts may vary from case to case. Thus, it will be helpful if you seek legal assistance from an experienced advocate for divorce.
Lead India offers you a team of experienced advocates who have been successfully handling cases related to divorce, child custody, maintenance issues, etc. Thus, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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