Table of Contents

What is a Contested Divorce?

A contested divorce is when one of the spouse wants to take a divorce and the one person doesnt agree to it, then in this case they need a judge to make decisions for divorce in family court.

Key Issues in Contested Divorce:

  • The divorce itself : Sometimes one spouse doesn't want the divorce at all.
  • Child custody : Who the children will live with
  • Visitation rights : When the other parent can see the children
  • Property division : How assets and debts are split
  • Alimony : Financial support for one spouse

In a mutual consent divorce, both spouses agree on everything and the process is faster. In a contested divorce, disagreements mean more court hearings, legal arguments, and a longer timeline.

How Long Does a Contested Divorce Take?

Contested divorces typically take 1-3 years or longer, depending on how complex the issues are and how busy the family court is.

Do You Need a Lawyer for Contested Divorce?

Yes. Contested divorces involve legal procedures, evidence gathering, and court appearances. A family lawyer protects your rights and helps you navigate the process.

  └─ Complete Contested Divorce Process in Family Courts

1

Filing Divorce Petition

File divorce petition in appropriate family court under Hindu Marriage Act Section 13 with grounds for divorce and relief sought.

2

Service of Summons

Court issues summons to the respondent spouse who must file a written statement within 30 days of receiving notice.

3

Response and Counter-Claims

Respondent may file counter-claims or contest the petition. Both parties exchange pleadings and documentary evidence.

4

Evidence and Cross-Examination

Both parties present evidence, examine witnesses, and undergo cross-examination to support their respective cases.

5

Arguments and Judgment

Final arguments are presented before the judge who then delivers judgment on all contested issues including custody and property.

  └─ Legal Grounds for Filing Contested Divorce in India

To file for contested divorce under the Hindu Marriage Act, 1955, you must prove specific legal grounds in court. We help you build a strong case with proper evidence and documentation.

Grounds Available to Both Husband and Wife for Contested Divorce (Section 13(1)):

  • Adultery : Your spouse had a sexual relationship with someone else
  • Cruelty : Physical or mental abuse that makes living together impossible
  • Desertion : Your spouse abandoned you for 2+ years without reason
  • Conversion : Your spouse changed their religion
  • Mental illness : Incurable mental disorder or serious disease
  • Presumed death : No contact with your spouse for 7+ years

Additional Grounds Available to Wife for Contested Divorce (Section 13(2)):

  • Bigamy : Husband married another woman while still married to you
  • Sexual offenses : Rape, sodomy, or bestiality by husband
  • Child marriage : You were married before age 15 (can file before turning 18)
  • No cohabitation : After court-ordered separation, husband refuses to resume marriage

Our lawyers analyze your situation, identify the strongest legal grounds, and gather the evidence needed to prove your case in court.

  └─ Child Custody and Visitation Rights in Contested Divorce

Child custody is often the hardest part of any divorce. Courts always decide based on what is best for the child, not just what parents want.

What Courts Look at When Deciding Custody:

  • Child's age : Young children (under 7) usually stay with the mother
  • Child's wishes : Children over 9 can express their preference to the judge
  • Financial stability : Each parent's ability to provide for the child
  • Emotional bond : The child's relationship with each parent
  • Parent's character : Moral conduct and lifestyle
  • Quality of care : Who can provide education, healthcare, and a stable home

Types of Child Custody:

  • Sole custody : One parent has full custody and makes all decisions
  • Joint custody : Both parents share custody and major decisions
  • Physical custody : Where the child lives most of the time
  • Legal custody : Who makes important decisions about the child's life (school, medical care, etc.)

We help you build a strong case that shows you are the right parent to care for your child. This includes gathering evidence of your involvement, stability, and commitment to your child's wellbeing.

  └─ Property Division and Alimony in Contested Divorce Cases

Dividing property and determining alimony are crucial parts of contested divorce. You need proper documentation and a clear legal strategy to protect your financial interests.

How Property is Divided during Divorce:

  • Marital property : Assets bought during the marriage are typically divided between both spouses
  • Pre-marital property : What you owned before marriage usually stays with you
  • Joint property : Assets in both names are divided based on who contributed what
  • Hidden assets : We investigate to find assets your spouse may be hiding

How Courts Decide Alimony:

  • Each spouse's income and earning ability
  • Lifestyle you maintained during marriage
  • How long you were married
  • Age and health of both spouses
  • Contributions to the household (including homemaking)
  • Future financial needs

Our lawyers thoroughly document all assets, trace financial records, and build a case for fair property division and appropriate maintenance.

  └─ Timeline for Contested Divorce in India

AspectDetailsDuration
Court FilingFiling divorce petition with court fees1-2 Days
Notice PeriodService of summons and response time30-60 days
Evidence StageDocument submission and witness examination6-12 months
Trial ProceedingsArguments and judgment3-6 months
Total TimelineComplete case resolution1-3 years
Appeal ProcessIf judgment is challengedAdditional 1-2 years

Why Choose Metis Law Chamber for Your Contested Divorce Case?

25+ Years of Combined Family Court Experience

Our advocates have extensive experience handling complex contested divorce cases in Punjab, Chandigarh, Haryana and Himachal Pradesh family courts with deep understanding of local procedures.

High Success Rate in Contested Cases

We have achieved favorable outcomes in contested divorce cases, protecting our clients' rights and securing fair settlements.

Expert Child Custody Representation

Specialized expertise in child custody battles, ensuring the best interests of children while protecting parental rights.

Strategic Asset Protection

Proven strategies to protect your assets, property, and financial interests during divorce proceedings.

Aggressive Yet Compassionate Approach

We fight aggressively for your rights while providing emotional support and guidance throughout the difficult process.

Testimonails For our Divorce Services

RS

Ritu Sharma

Mohali

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"I approached Metis Law Chamber for a contested divorce matter that involved serious disputes. The lawyers explained every step clearly and handled the case with firmness and professionalism. I felt confident knowing my case was in experienced hands."

Divorce
AV

Ankit Verma

Chandigarh

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"My contested divorce case was emotionally exhausting, but the legal team remained calm, strategic, and focused throughout. Their understanding of family court procedures in Chandigarh made a big difference in how the case progressed."

Contested Divorce
PM

Pooja Mehta

Panchkula

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"I was facing a difficult contested divorce involving maintenance and custody issues. The lawyers provided clear advice and handled the litigation responsibly. Their approach was professional and reassuring during a very stressful phase."

Mutual Divorce
SK

Sandeep Kumar

Kullu

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"I consulted Metis Law Chamber for a contested divorce matter. The legal guidance was honest and practical. They were transparent about the process and court timelines, which helped me prepare mentally and legally."

Ex-parte Divorce
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Neha Arora

Mohali

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"The team handled my contested divorce case with patience and sensitivity. Even when things got complicated, they explained the legal strategy clearly. They represented me confidently in family court."

Mutual Divorce
RM

Rohit Malhotra

Chandigarh

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"I was looking for a lawyer who could handle a contested divorce firmly without unnecessary drama. Metis Law Chamber provided balanced legal advice and strong representation throughout the proceedings."

Divorce
KS

Kavita Singh

Panchkula

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"My contested divorce involved child custody issues. The lawyers focused on legal strategy while keeping the child’s welfare in mind. Their guidance helped me navigate a very sensitive situation responsibly."

Divorce
DA

Deepak Arora

Mohali

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"I needed legal assistance in a contested divorce involving maintenance claims. The team handled the matter professionally and explained my rights and obligations clearly. I appreciate their structured approach."

Contested Divorce

Frequently Asked Questions About Contested Divorce

How long does a contested divorce take in Punjab family courts?

Contested divorce cases typically take 1-3 years depending on complexity, court workload, and cooperation between parties. Complex cases involving significant assets or custody disputes may take longer.

Can I get interim maintenance during contested divorce proceedings?

Yes, you can file for interim maintenance under Section 24 of Hindu Marriage Act. Courts typically grant interim support within 2-3 months to cover living expenses during the case.

What if my spouse is hiding assets during divorce?

Our lawyers conduct thorough asset discovery using legal tools like disclosure orders, bank record subpoenas, and forensic accounting to uncover hidden assets and ensure fair division.

Can contested divorce be converted to mutual consent divorce?

Yes, if both parties reach an agreement during proceedings, the case can be converted to mutual consent divorce under Section 13B, significantly reducing time and costs.

What documents do I need for filing contested divorce?

Key documents include marriage certificate, address proof, income documents, property papers, evidence supporting grounds for divorce, and witness statements.

Can I represent myself in contested divorce without a lawyer?

While legally possible, contested divorce involves complex procedures and evidence rules. Professional legal representation significantly improves your chances of favorable outcome.

Ready to Fight for Your Rights? Contact Our Contested Divorce Lawyers Today

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