Divorce Petition

What is a Divorce Petition? 

A divorce petition is a document filed to begin the process of legally dissolving the marriage. The petition contains key information about the marriage, like the names of spouses, children (if any), grounds for the divorce, and also includes details about child custody, alimony, or property division. This is the first step to end the marriage legally, which could be initiated by mutual consent or by one spouse filing a divorce petition by wife or a husband. 

Why Choose DigiLawyer for Sending Divorce Petition?

Filing for divorce can be emotionally and legally complex. DigiLawyer can help you create a legally sound petition that outlines all the information essential to make your case stronger, whether it’s a mutual divorce petition or a contested one.

Expert Family Lawyers

Consult with experienced family law practitioners who understand the nuances of divorce under different personal laws. We draft, review, and finalize your petition to meet all court and legal standards.

Easy and Convenient

No office visits or legal paperwork stress. Consult with lawyers and get your divorce petition drafted and delivered entirely online from your phone, tablet, or laptop.

Secure & Confidential

We take your privacy seriously. All your data and documents stay encrypted, confidential, and protected with industry-grade security.

Clear and Transparent

We offer flat-fee packages with no hidden costs. You’ll always know what you’re paying for, including any court fee for divorce petition that may be applicable in your state.

For Mutual or Contested Divorce

Whether you and your spouse are filing jointly or initiating a contested case, DigiLawyer ensures that the petition is customized to your situation, including custody, maintenance, property, and alimony clauses.

Download or Get It Delivered

Get your divorce petition format PDF. We also offer printing and doorstep delivery options, complete with tracking and proof of delivery for your convenience.

How Can DigiLawyer Help You with Your Divorce Petition? 

Our legal team has years of experience in drafting a mutual divorce petition draft that stands up in court and minimizes procedural delays. Our legal experts ensure that the petition adheres to the relevant personal laws and court procedures and is free from errors that could delay or harm your case. Here’s how we help you through the process: 

What Documents are Required to File for a Divorce Petition? 

To file a mutual consent divorce petition, both spouses need to submit the following documents: 

• Marriage Certificate – Legal proof of marriage. 
• Address Proof – Aadhaar, Passport, Voter ID, utility bills, etc. 
• Employment Details – Salary slips or appointment letters from both spouses. 
• Income Tax Returns – ITRs for the last 3 years. 
• Family Background Information – Basic details of both families. 
• Property and Asset Details – Information about owned or joint assets. 
• Current Income Proof – Recent salary slips or bank statements. 
• Marriage Photographs – At least four photos from the wedding. 
• Proof of Separation – Evidence showing the couple has lived apart for over one year. 
• Statement of Irreconcilable Differences – Joint statement confirming no chance of reconciliation. 
• Other Documents if Required by the Court – As per the specific case. 

What are the Details Mentioned on the Divorce Petition? 

Here is the list of details needed to mention on the petition: 

• Names, status, and addresses of both parties. 
• Domicile (permanent place of residence) and marital status (e.g., husband, wife) of the parties. 
• Date and place of marriage, with a valid marriage certificate or supporting proof. 
• Principal permanent place of cohabitation during the marriage. 
• Last place of residence together as spouses. 
• Names and birth dates of children born from the marriage, if any. 
• The grounds for seeking divorce: a clear statement by both parties that they have been living separately for at least one year, cannot live together, and mutually agree to dissolve the marriage. 
• All relevant facts and circumstances on which the relief for divorce is sought are described in numbered paragraphs. 
• Affirmation that there is no fraud, undue influence, or collusion between the parties, and that both are acting voluntarily. 
• Verification that the statements made in the petition are true and correct, supported by a joint affidavit. 

Who Should File the Petition for Dissolution of Marriage First? 

In India, there is no strict rule regarding how to file a divorce petition or who should send the petition first. Either the husband or the wife can initiate the process by filing the petition for divorce. 

Here are some key details that every couple should know: 

• Legal Right: Both spouses have the right to file for divorce, provided they meet the eligibility criteria and legal grounds, i.e. the couple must have been living separately for at least one year before filing the divorce petition. 
• Timing: The spouse who files first can have better control over the process, the ability to prepare better, and possibly influence some procedural aspects like jurisdiction and temporary orders. 
• Contesting: The other spouse can contest the divorce, regardless of who files first, making the decision to initiate a divorce a strategic choice rather than a legal requirement. 
• Mutual Consent: In mutual consent divorces, both spouses agree to file jointly, often after meeting certain prerequisites like living separately for a specified period. 

FAQs Related to Divorce Petition