Divorce Lawyers in Gurgaon

It is difficult to live in a toxic marriage. But divorce, as easy as it sounds, is not that easy. It can be very challenging both emotionally and financially. With more than 3 decades of experience, RCIC, a leading law firm in Gurgaon can handle all your issues related to divorce and its allied issues. Divorce in India involves a long procedure and various taxing issues to be dealt with. Our team has expertise in dealing with diverse matrimonial issues that include handling contested or uncontested divorce, mutual consent divorce matters, property-related matrimonial issues, annulment issues, child custody issues. We also excel in out of the court settlement involving mediation, conciliation, and counseling.

It is advisable to break free from the clutches of a bad marriage. If there is any room left for conciliation of the marriage, our team counsels the couple and aids in the process. As a leading divorce law firm in Gurgaon, RCIC deals with the following technicalities involved in divorce lawyers in Gurgaon.

• Applicability of Personal Laws –

Divorce is a facet of family law, which involves different laws applicable for different religions. For example, Hindu laws are applicable on Hindus, Sikhs, Jains etc; Parsi law is applicable on Parsis, Muslim Divorce law is applicable on Muslims. Special Marriage Act is applicable in case of Inter caste marriage. RCIC, a leading law firm in Gurgaon has handled divorce matters under Hindu Marriage Act,1955, Indian Divorce Act,1869, The Indian Christian Marriage Act,1872 and also under the Special Marriage Act,1954, among many others. RCIC has also handled maintenance issues, child custody issues within mutual contested/ contested divorces efficiently. divorce lawyers in Gurgaon

• Types of Divorce-

A divorce can be quite taxing and it becomes difficult for a layman to understand the complexities involved in it. RCIC, a team of experts in Gurgaon can advise you on the suitable type and ground of divorce in your case. A divorce can be filed only after one year of marriage and not before that. It can be of two types – contested divorce and a mutual consent divorce. A contested divorce is a type of divorce in which both the parties fight against each other for a divorce. It can be sought on the following grounds – Adultery, cruelty, desertion, change of religion, insanity, Renunciation of the world, etc. A mutual consent is a type of divorce in which both the husband and wife mutually and willingly decide to take a divorce. It is important that both the husband and wife must be living separately for a mutually consented divorce. divorce lawyers in Gurgaon

• Procedure, Documentation, and Evidence

Litigation is a cumbersome process and involves a strict procedure to be followed. From filing of applications and petitions to evidences, a divorce proceeding involves a lot of steps to be followed. For example, evidence in the cases of divorce involves photographs, text messages, WhatsApp messages, Emails, marriage certificate, etc. A divorce lawyer can help you decide which evidences can support your arguments and claims.  During the divorce proceedings, the court might also refer the case for mediation. Our group of lawyers help our clients in dealing with the procedure, documentation and collection of evidences.

• Mediation and Counselling

Mediation is an out of court settlement which The Supreme Court of India has directed Family Courts in view of section 9 of the Family Court Act to take all possible efforts to settle matrimonial disputes through the process of mediation or reconcile the marriages. The Family Courts must take the help of Counsellors in settling matrimonial disputes during the trial. Keeping in view the directions of the Supreme Court, the lawyers at RCIC have held counselling sessions with the families before divorce and mutual separation. Under the expert guidance of our lawyers, the parties have settled the pending disputes at the earliest through mediation and out of court settlement.

• Issues like child custody, maintenance, rights of women, property and finance

A simple divorce also involves some allied issues which further become a point of contention in the future. Issues like child custody, maintenance require proper skills and knowledge, which our team of experts at RCIC possess. Rights of women at the time of divorce include treating her with dignity, right of residence in the matrimonial home, right to Sreedharan etc. Our team at RCIC is well versed to deal with such complex issues.

• Need for a Lawyer in Mediation Proceedings 

Mediation is an out of the court settlement. It does not involve a formal procedure and is less cumbersome than litigation. It is a process in which parties together reach a settlement. There is a wide notion that divorce mediation does not require a lawyer as the parties can themselves put forward their case before the mediator.  But this is not true as a lawyer helps in reaching a favourable settlement.

• Preparation of the case and increasing client participation-

It is important to prepare your case in a strategic manner. Our team of experts at RCIC, a leading law firm in Gurgaon helps in identifying the problem, list down the arguments as well as help in increasing client’s participation. He can either interact with the mediator himself or else train the client to speak for himself. It is imperative for the clients to disclose complete information for better redressal of their case.

• Understanding the procedure and rules of mediation-

We, at RCIC help you in understanding the procedure of the mediation and the rules that govern the process. Mediation, though is an informal party driven process but it has certain rules which must be adhered to.

• Putting forward the arguments before the mediator-

We help in putting forward the claims and arguments which are in your favour. We help in handling allied issues like child custody, maintenance, property issues, etc. Sometimes, it becomes difficult for the client to understand the favourable terms in a divorce proceeding.

• Dealing with Attached issues like child custody, alimony, etc.-

We can help you with attached issues like child custody, alimony, property, etc which are difficult for a layman to understand.

• Negotiate on your behalf-

A lawyer can negotiate on the behalf of the party, in case the party is not able to put forward its claims. We help in arguing on your behalf and help in achieving a settlement.

• Settle financial issues-

Sometimes financial issues are ignored at the time of the divorce which have huge repercussions later. We help you in analysing these issues and putting forward your claims before the other party.

• Helps in Reaching a Settlement-

We help in reaching a settlement which is favourable for both the parties. The couple can approach us together or separately if they have a doubt for biasness.

• Documentation-

It is important to get proper documentation done at the time of settlement, in order to avoid future litigation. We help our clients with the documentation work to avoid future litigation.

• Execution of award-

RCIC, a leading law firm in Gurgaon helps its clients in execution of the award in a hassle-free manner.

• NRI Divorce cases and Execution of a foreign decree 

Our expert team at RCIC, the leading law firm in Gurgaon, has prior knowledge in handling NRI divorce cases. The decrees passed by the foreign court can be executed in the Indian courts by filing an execution petition under Section 44A CPC.  If the decree is not passed by a reciprocating territory then a suit on the decree needs to be filed and the decree acts as an evidence in such case. This is when the decree is passed by the court of a country which is not a reciprocating territory mentioned in the official gazette of India. Our lawyers at RCIC help in execution of foreign divorce decrees.