How do I get a divorce if my husband is not willing?

You can file a petition under section 13 of Hindu marriage act on court, on the ground of cruelty. And you have to plead and prove the cruelty, and you can obtain decree of divorce, even though your husband is not ready. Yes you can go for divorce at this stage even if your husband or in laws dont agree for the same.

How Long Does mutual consent divorce take?

Though contested divorce matters can take forever to reach fruition, divorce through mutual consent can be obtained within a short span of 1 to 2 months.

What happens when in mutual divorce in second motion one person is not coming for sign?

Even after making efforts, if your husband does not agree to appear, then the option available to you is to withdraw the petition and file a petition under different grounds as enumerated under Section 13(1) of the Hindu Marriage Act.

Can divorce be done one sided?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .

Can mutual consent divorce be withdrawn?

Yes, one party to the proceeding can withdraw the petition for mutual divorce through an experienced divorce lawyer at any time within the time period of 6 months given by the Court as cooling-off period.

Can a court deny a mutual divorce?

If there is no mutual consent at the time of the enquiry, the court gets no jurisdiction to make a decree for divorce. If the view is otherwise, the court could make an enquiry and pass a divorce decree even at the instance of one of the parties and against the consent of the other.

Can I get divorce without any reason?

The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not. If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.

How can I get a divorce without my spouse’s consent?

Check your state’s residency requirements to file for divorce and decide whether you will file a no-fault divorce or base your divorce on fault grounds if your state allows this option. If you want to get divorced without your spouse’s consent, a no-fault divorce may be an easier option.

Can you get a divorce if your spouse refuses to cooperate?

If your spouse refuses to cooperate because they do not want a divorce or if you are unable to locate your spouse, it adds a layer of complexity to the process. However, it is still possible to get a divorce even under such circumstances by following these steps. 1.

What happens if my spouse fails to file for divorce?

If you have served your spouse properly, and your spouse failed to file a written response on time, some states let you file a request to enter a default divorce.

Can I divorce my wife if she is not ready?

Hi, there is no need to harm yourself. If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.