Filing for divorce in India requires submitting several essential divorce papers and legal documents. Having all the necessary paperwork ready can facilitate a smoother and faster divorce process. We provide a detailed overview of the key divorce papers and documents needed in India with examples.
Marriage Certificate
The marriage certificate is one of the most crucial divorce papers needed in India. It serves as legal proof of the marriage between the two spouses seeking divorce. The marriage certificate should clearly display details like:
- Date of marriage (example: May 5, 2018)
- Place of marriage (example: Udaipur, Rajasthan)
- Names of bride and groom (example: Priya Singh and Rohan Verma)
- Signatures of the couple
Rhea and Rahul’s marriage certificate should mention “Marriage solemnized between Rhea Kapoor and Rahul Sharma on March 5, 2018 at Leela Palace, New Delhi” along with their signatures.
Divorce Petition
The divorce petition sets the divorce process in motion and is a key divorce document. The spouse filing for divorce needs to submit the petition in the family court of jurisdiction where the couple lives. Details in the divorce petition should include:
- Date of marriage (example: August 16, 2010)
- Names of the couple (example: Naina Roy and Kabir Mehra)
- Names and ages of children, if any (example: Aarav Mehra, age 6 years)
- Grounds for divorce (example: cruelty, adultery, irreconcilable differences)
Decree of Divorce
Once satisfied with the divorce petition and supporting documents, the court issues a decree of divorce legally ending the marriage. The decree outlines important details like:
- Child custody (example: shared custody between parents)
- Alimony amount (example: ₹30,000 per month)
- Division of assets such as house, investments, bank accounts
Affidavit of Non-Cooperation
In contested divorces, one spouse can submit an affidavit documenting incidents or patterns of non-cooperation and denial of allegations by the other spouse.
Other Supporting Documents
Additional essential divorce papers and documents include:
- Proof of residence (example: rental agreement, Aadhaar card copy)
- Income tax returns
- Bank account statements
- Life and medical insurance policies
- Documentation of assets owned individually or jointly
Having the requisite divorce papers and legal documentation organized can help navigate the complex divorce process in India more seamlessly. Consulting a lawyer ensures you have all the right paperwork in order.