Essential Documents Required for Divorce in India

Law
07-May-2024
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Divorce can be tough, but having the right paperwork can help. This guide lists the essential documents you'll need for divorce proceedings. From proving addresses and marriage certificates to documenting assets and reconciliation attempts, each piece of paperwork is important for determining the outcome of your divorce. Here's a comprehensive list of the required documents according to the Indian Divorce Act, 1869.

 

  1. Address Proof: Utility bills (such as electricity, water, etc.) to establish the addresses of both spouses.

  2. Marriage Certificate: Proof of the legal union between the spouses.

  3. Passport-sized Photographs: Recent photographs of both husband and wife for identification purposes.

  4. Settlement Agreement or Memorandum of Understanding (MOU): Required in case of mutual divorce, outlining the agreed-upon terms of separation.

  5. Evidence of Separate Living: Documentation proving that spouses have been living separately for more than a year, if applicable.

  6. Details of Profession: Information regarding the professions of both spouses.

  7. Details of Property and Assets: Documentation listing all property, including movable and immovable assets, owned by the petitioner.

  8. Last 2-3 Years Income Tax Statements: Necessary for determining alimony payments and assessing financial situations.

  9. Family Background details of both parties

  10. Evidence of Reconciliation Attempts: Documentation showing failed attempts at reconciliation, if any.

  11. Evidence of Cruelty (if applicable): Medical documents or other evidence proving instances of cruelty within the marriage, if cruelty is cited as a ground for divorce.

  12. Evidence of Adultery (if applicable): Witness statements or DNA evidence in cases of adultery, if applicable to the divorce grounds.

  13. Desertion Evidence (if applicable): Documentation proving desertion without consent, including evidence of withdrawal from marital duties, if desertion is cited as a ground for divorce.