Landmarq

Required Documents & Details for Drafting a Contested Divorce Petition

1. Personal Details of the Petitioner (Spouse Filing for Divorce)

• Full name, address, and contact details
• Age, date of birth, and nationality
• Occupation/employment details
• Contact information (phone number, email)

2. Personal Details of the Respondent (Spouse Being Sued for Divorce)

• Full name, address, and contact details
• Age, date of birth, and nationality
• Occupation/employment details

3. Marriage Details

• Date and place of marriage
• Marriage registration number (if applicable)
• Copy of the marriage certificate
• Copy of the marriage invitation (if available)
• Proof of marriage (if applicable)

4. Grounds for Divorce

• Specific legal grounds for divorce (under section 13 of the Hindu Marriage Act, 1955, or relevant law applicable in the jurisdiction)
  • Adultery
  • Cruelty (physical or mental)
  • Desertion (for a continuous period of 2 years or more)
  • Conversion (change of religion)
  • Unsound mind or mental illness
  • Presumption of death (if the spouse has been missing for a certain period)
  • Incompatibility, irretrievable breakdown of marriage (if applicable in your jurisdiction)
• A detailed explanation of how these grounds apply to the case (including incidents, dates, and evidence supporting the allegations)

5. Details of Separation

• Date of separation (when both parties stopped living together)
• Any proof or supporting documents indicating the period of separation (e.g., different addresses, email exchanges, or rent agreements)
• Evidence of reconciliation attempts, if any

6. Child Custody and Support (if applicable)

• Details of children (name, age, gender)
• Proposed arrangement for child custody (joint, sole, or shared custody)
• Details of visitation rights (for the non-custodial parent)
• Maintenance and child support details, including the amount and frequency (if applicable)

7. Spousal Maintenance (Alimony)

• Details of spousal maintenance (if the petitioner is requesting alimony)
• Amount and frequency of payment (one-time lump sum or monthly payments)
• Duration of maintenance (temporary, permanent, or for a specific time)
• Any evidence of financial need or incapacity of the petitioner (e.g., medical records, income statements)

8. Property and Asset Division

• Details of joint property, assets, or debts acquired during the marriage (e.g., real estate, cars, bank accounts, investments)
• Division of property (who is entitled to what)
• Any assets or debts that need to be considered in the settlement
• Written agreement (if any) or proof of joint ownership

9. Evidence Supporting the Grounds for Divorce

• Photographs, documents, or videos that support the allegations (e.g., instances of cruelty, proof of adultery, police complaints)
• Witness statements (if any witnesses were present during key events or incidents)
• Medical records (if there is evidence of physical abuse, mental health issues, or injuries)
• Police reports (if a report of cruelty or harassment was made)
• Correspondence (email, text messages, or letters showing behavior or communication that supports the grounds)

10. Counterclaim Details (if applicable)

• If the respondent also wishes to file a counterclaim, this must be documented, including the specific relief or settlement they are seeking.

11. Details of Attempts at Reconciliation

• Any efforts made to reconcile or mediate the dispute (e.g., marriage counseling, communication with family members, or attempts for a mutual settlement)
• Supporting documents or communication showing the unsuccessful nature of reconciliation attempts

12. Other Relevant Documents

• Copies of identity proof (Aadhaar card, voter ID, passport, etc.)
• Copies of proof of residence (rent agreement, utility bills)
• Birth certificates of children (if applicable)
• Any relevant financial documents, including bank statements, property deeds, tax returns, etc.

Required Documents & Details for Drafting a Mutual Divorce Petition

1. Personal Details of Both Parties

• Full name, address, and contact details of both spouses
• Age and date of birth
• Nationality and marital status
• Occupation/employment details
• Contact information of both parties

2. Marriage Details

• Date and place of marriage
• Marriage registration number (if applicable)
• Marriage certificate (copy)

3. Separation Details

• Date of separation or when the couple stopped living together
• Any evidence of separation (e.g., separate addresses, living arrangements)

4. Reason for Divorce

• Statement of mutual consent for divorce
• Grounds for seeking divorce (usually, mutual consent is based on irreconcilable differences)

5. Child Custody (if applicable)

• Details of children (name, age, gender)
• Proposed arrangement for custody, visitation rights, and maintenance (if applicable)
• Agreement on child support (if applicable)

6. Alimony & Maintenance Agreement

• Details of alimony or spousal maintenance (one-time lump sum or monthly payments)
• Mode of payment (e.g., lump sum or periodic payments)
• Duration of alimony (if applicable)

7. Property and Asset Division

• Agreement on the division of joint property, assets, or debts (real estate, bank accounts, vehicles, etc.)
• Any written agreement or document detailing the division

8. Mutual Agreement

• A formal, signed agreement by both parties stating that they mutually agree to the terms of divorce, including custody, alimony, and property division
• Statement that no coercion or force was involved in reaching the agreement

9. Other Relevant Documents

• Copies of identity proof (Aadhaar, Passport, etc.)
• Proof of residence (ration card, electricity bill, etc.)
• Any prior correspondence or legal notices between the parties (if applicable)
• A statement from both parties regarding the fact that they have not been coerced into the agreement

10. No Objection Affidavit (Optional)

• An affidavit by both parties stating that they have no objection to the divorce and that all the terms are mutually agreed upon
• Both parties must sign the affidavit in the presence of a notary.