In this article, we will
discuss what is the cost of divorce in India, what are the factors which affects
the lawyer’s fees for divorce, and lastly the reason why divorce petition is so
expenvise.
Divorce is a legal dissolution of marriage.
A divorce is among the most tragic and painful misfortune for any married
couple. The whole procedure of divorce is definitely a tough affair to get
through.
Nowadays,
the rate of Divorce is increasing, stigma of divorce is vanishing, and all of
this is happening because of the factor that human wants are becoming more
complex. Human nature wants more, but are not willing to compromise and also
very casual and quick about ending a marriage.
Cost of filing divorce petition: The cost of filing the petition for divorce in
India around Rs. 250. The procedure of divorce is complex and sometimes it may
even take upto a decade. The time depends upon the nature of the conflict
between the husband and wife and also the intensity of arguments between the
couple.
Factors connected to a lawyer’s fee: The fees of lawyers for a
divorce are dependent upon the various factors like nature of dispute etc.
Factors discussed in detail are given below –
1.
Nature of Dispute – A divorce can be a mutual
consent divorce or a contested divorce. Generally, cost of a mutual consent
divorce is less, as there are not many formalities involved. In a contested
divorce, both the parties go through a divorce by a litigation dispute in the
court of law. This procedure involved more time, greater pressure and high
legal fees.
2.
Experience and standing in
the court – If the lawyer hired is decent, it is expected that he/she is to charge
more. Often, an experienced lawyer charges on a per hearing basis which he makes
in the court. He may even charge for each stage of divorce procedure which
includes draft application.
3.
Depends on the
charges/Relief framed – The lawyer’s fees also depend upon the charges framed like
child custody, maintenance, domestic violence. With the increase of the
charges, the workload also increases, so it is reasonable for a lawyer to ask
for more fees in such cases.
4. Financial status of party – Lawyer’s fees also depends upon the financial status of the party who wants to file for divorce. It is many times seen that many lawyers do not charge or charge a negligible amount to poor clients. Many lawyers earns only from 10% of their cases, and the rest 90% cases, they do it for free for indigenous people.
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