Divorce & Child Custody Law Firm

Divorce & Child Custody Lawyers

Divorce is the legal process of dissolving a marriage or marital union, allowing both parties to move forward independently. Divorce allows married couples to part ways and lead separate lives; they can also choose to re-marry. Divorce can be initiated by husband or wife and often involves important issues such as alimony, child custody and division of assets. Divorce law in India is governed by various personal laws depending upon the religion of the couple and the nature of the marriage.

As a leading divorce law firm, we understand that divorce can be emotionally and legally complex. Whether you are simply considering the possibility of separation or have already started the divorce process we can assist you through this formal procedure of divorce with the minimum amount of worry to you. Please refer to our Family Law page for further information on this area and related subjects.

How We May Assist You

Our team of divorce lawyers in India Law Offices LLP provides complete assistance with divorce and family law proceedings.

• We are one of the leading Divorce Law Firms in India and are here to help you navigate the complex divorce law procedure, providing you with relevant, practical and valuable advice on your divorce and family law needs.
• We prepare divorce petition for the filing before the Court and prepare and file the required Affidavit, Proof of Document and ensure compliance of the Divorce Law Procedure as laid down in the Divorce Law of India.
• We act for mutual divorce as well as contested divorce and assist our clients to prove grounds for divorce under Divorce Law of India.
• We also assist in filing appeal against the decree of divorce if so required.
• We deal with cross-border divorce matters, which involve very specific issues as regards to jurisdiction and applicable law.
• We assist you with a fully understanding of these complicated issues.
• Moreover, we assist you throughout the entire court-mediated mediation and reconciliation proceedings, thereby safeguarding your interests throughout the entire proceedings.
• The team also provides support in seeking the appropriate alimony and supporting arguments. We can assist in filing petitions across various laws such as Hindu Marriage Act, 1955, the Indian Divorce Act, 1869, the Dissolution of Muslim Marriages Act, 1939 and the Special Marriage Act, 1954 (as may be applicable in the case of interfaith marriages).

Need a Child Custody Lawyer?

Child custody is one of the vital issues that arise during the course of divorce proceedings and the one which has the maximum impact on the couples especially when there are minor children involved. In India, the custody of the child is given to that parent who is in a better position to secure the welfare of the child. It is not a rule based on the wishes of the parents. The Child Custody laws in India focus on the welfare and the best interest of the child. It is always a delicate exercise as the court has to consider number of factors while deciding the issue of custody of a child. These include the age of the child, his mental development, his education, his habits, way of life and whether the parent is in a position to bring him up or not.

An experienced child custody lawyer will ensure that your case is presented in the most effective manner possible while keeping your child at the centre. Custody laws in India provide for sole custody, joint custody or visitation rights in favour of the non-custodial parent. Ultimately, it is the interest of the child that needs to be preserved and protected while ensuring that the bond between the child and the parents is sustained as much as possible.

Our child custody lawyer team works with our clients to draft strong custody petitions, negotiate an agreement that is mutually beneficial and is prepared to take your case to court if necessary. Important factors to consider when filing a custody petition include:

• Financial needs of the child
• Healthcare needs of the child
• Education needs of the child
• General well-being of the child

When dealing with child custody cases, the following laws are applicable:

• Hindu Minority and Guardianship Act, 1956
• Guardians and Wards Act, 1890

The primary aim of the child custody laws is to ensure that the welfare of the child is protected. If your divorce is headed in the direction of a custody battle, the decisions you make can affect the remainder of your child’s life.

Consulting with an experienced child custody lawyer is indispensable to your goal of establishing a safe and nurturing environment for your child. We seamlessly incorporate your child custody plans into the divorce proceedings you are going through, thereby ensuring that your legal needs are consistently met throughout the divorce process.