Steps For Sending A Legal Notice For Divorce

Divorce In India – Steps For Sending A Legal Notice For Divorce

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First, contact a lawyer who has good drafting skills and technical know-how in the field of Divorce Law.

  • Send a legal notice for divorce stating the facts and issues that are causing a disturbance in the couple’s marriage. 
  • Make sure to send the notice to the person against whom the party has filed the grievance matter. 
  • The notice can be sent in either English or any other Indian language spoken and understood by both parties. However, usually, English is the preferred choice for most educated and sophisticated clients. 
  • In your consulting session with the lawyer, you should explain all the relevant information in detail along with:
  • the names of parties involved
  • addresses
  • dates when commitments were made and not honored
  • challenges and issues faced 
  • any previous attempts at dialogue
  • Your lawyer carefully studies the information you have shared and makes the relevant and required notes in the conversation with you. They will seek any additional information from you; if required, they must finish drafting the said notice.
  • The lawyer then drafts the notice in the legal language where: 
  • They mention the reason behind sending the notice.
  • All previous communications regarding the cause of notice 
  • To offer the addressee/opposite party a reasonable time (usually 15 to 30 days to settle the matter through negotiation and by performing the desired action of his clients, i.e., yours). 

Depending on the grievance, usually the lawyers, on behalf of the client sending the notice, stress the need for an action to be taken in the stipulated time to either fulfill the demand or seek a reply.

  • The lawyer duly signs the notice. It is then sent via registered post or speed post, or courier and the acknowledgment are retained. A copy of the said notice is controlled by the lawyer concerned.
  • The expectation is that after the other party receives the notice, they will reply. But, as a standard (and often, the best) practice, the lawyer calls up the other party in some time. 

Ethically, it’s a good practice to follow. Especially in cases of husband-wife conflicts, one should usually call up the person (to whom the notice is sent), requesting to come up for counseling or a discussion, and try to resolve matters out of court.

You can send a legal notice for divorce after discussing it with the client. An advocate will issue such legal notice on behalf of their client to solicit a settlement. 

The legal notice to a wife for a divorce and vice versa once served cannot be refused by the receiving party.

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