Divorce Proceedings Timeline Explained

Summary

The timeline for divorce in Kerala can vary, typically taking 6 months to a few years. If a spouse is unresponsive, the court may proceed with substituted service or grant an ex parte divorce. Filing additional cases, like a gold case, can affect the divorce timeline. To expedite the process, ensure all documents are submitted promptly and consider mutual consent divorce if possible. Living together during divorce proceedings is legally allowed, but societal acceptance should be considered. If a spouse blackmails with photos, legal action can be taken under IPC sections. If a spouse dies during proceedings, the case is terminated. Consult with a lawyer for personalized guidance.

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HI,SIR/MAM I ALREALY FILE DIVORCE.AND ALREADY COMPLETED * SITTING NEXT SITTING WILL ARRANGED DEC 23RD
Hi Athullya! It sounds like you're progressing with your divorce proceedings. Do you have any specific concerns or questions regarding your upcoming sitting or any other aspect of your case?
YES,MY HUSBAND IS NOT HERE,HE IS IN ABU DHABI .SO MY QUESTION IS WHEN WILL GET MY DIVORCE?
Hi Athullya, the timeline for divorce can vary depending on the specifics of your case and the court's schedule. Here are some general points:
- Typically, divorce proceedings in Kerala can take anywhere from 6 months to a few years.
- Since you mentioned your next sitting is in December, the court will consider the evidence and arguments presented.
Do you have any specific aspects of your case that you are concerned about?
YES,THE NOTICE IS NOT RETURNED WHAT IS THE NEXT STEP OF AFTER SITTING?
Hi Athullya, if the notice is not returned, it means your husband might not have received it. Here are some next steps:
- The court might require you to send another notice.
- Alternatively, the court may opt for a substituted service, like publishing in a newspaper.
Do you have any concerns about the notice process?
WHEN THE SITTING IS END?
Hi Athullya! The end of your divorce sittings will depend on various factors, including the court's schedule and the response or non-response from your husband. Typically, courts will schedule multiple sittings to ensure due process. Do you have any concerns about your husband's non-response or any other aspect of your case?
YES,I HAVE ,BECAUSE I WAS CONNECTED TO MY POST OFFICE,THEY WERE ALREADY RETURNED THAT(DUE TO THE REASON OF HE IS OUT OF INDIA).I ALREADY INFORMED TO MY ADVOCATE.SO,WHAT IS THEIR NEXT STEP?
Hi Athullya, since the notice was returned, your advocate may request the court to proceed with substituted service. This could involve publishing the notice in a newspaper or other means to ensure your husband is informed. Do you have any other specific concerns about the process or your next steps?
YES,I HAVE .HE IS NOT RESPONDING TO EVERYONE(HIS FAMILY.ME AND OTHERS ETC.).SO WHAT IS THE COURT DESICION?
Hi Athullya, the court will typically proceed with the divorce process even if your husband is not responding. The court may:
- Continue with substituted service (e.g., newspaper publication).
- Schedule further sittings to give your husband a chance to respond.
- Eventually, grant the divorce based on the available evidence and non-response.
Do you have any other questions or concerns about the process?
YES ,I HAVE.WHAT IS SUBSTITED SERVICE?PLS EXPLAIN
Substituted service is a legal method used when standard methods of serving notice (e.g., personal delivery) fail. It includes:
- Publishing the notice in a newspaper.
- Posting on the court's bulletin board.
- Other methods as ordered by the court to ensure the party is informed.
Do you have any other questions about this process?
ALSO I FILE FOR GOLD CASE.IS THE CASE EFFECT MY DIVORCE?
Hi Athullya, filing a gold case (presumably related to a dowry dispute) can affect the divorce proceedings indirectly. Here's how:
- The court may consider the gold case evidence in the divorce case.
- It could potentially delay the divorce proceedings.
Do you have any specific concerns about how the gold case might impact your divorce?
YES OF COURSE
Hi Athullya! Since you have filed a gold case, it may influence your divorce proceedings by potentially delaying them or adding complexity. The court will consider the evidence from both cases. Do you have any specific concerns about how the gold case is progressing or how it might impact your divorce timeline?
YES I HAVE, MY FAMILY IS FIXED MY MARRIAGE FOR ANOTHER PERSON,HE IS WELL SETTLED MAN,
Hi Athullya! Given your situation, it's important to resolve your current marriage legally before proceeding with a new one.
- Ensure your divorce is finalized before any new marriage.
- The gold case might delay the process, so stay in touch with your lawyer for updates.
Do you have any concerns about the timeline or legal aspects of your new marriage?
YES,I HAVE
Hi Athullya, considering your situation and the complexity of having both a divorce and a gold case, it's essential to stay in close communication with your lawyer. They will help navigate the legal processes and ensure your interests are protected. Do you have any specific concerns about the timeline or legal aspects of your new marriage?
WHEN WILL COURT WILL CONDUCT HEARING PROCESS FOR DIVORCE?
Hi Athullya! The court will conduct hearings based on their schedule and the specifics of your case. The timeline can vary, but typically, it can take several months to years to finalize a divorce.
Is there any specific aspect of the divorce process you need more information on?
I WANT FAST MY DIVORCE?
Hi Athullya, to expedite your divorce, consider the following:
- Request your lawyer to expedite the substituted service process.
- Ensure all necessary documents and evidence are promptly submitted.
- Discuss with your lawyer the possibility of filing a mutual consent divorce if both parties agree.
Do you have any other questions or concerns about speeding up the process?
WHAT IS INTIMATION
Hey Athullya, intimation generally refers to the act of formally notifying or informing someone about something. In legal terms, it often means notifying a party about a legal action or proceeding.
Do you have any specific questions about intimation in your case?
WHAT IS EX PARTY DIVORCE?
An ex parte divorce is granted when one spouse is not present or does not respond to divorce proceedings. The court can proceed without their participation if they have been properly notified and failed to appear. This allows the divorce to be finalized based on the evidence presented by the present spouse.
Do you have any other questions regarding your divorce process?
CAN I GET EX PARTE?
Hi Athullya! Yes, you can get an ex parte divorce if your husband does not respond to the court notices and fails to appear for the proceedings. The court will require proof that he was properly notified. Discuss this option with your lawyer to ensure the process is followed correctly.
Do you have any other questions or concerns?
YES I HAVE,HOW MY TIMES WILL TAKE EX PARTE DIVORCE?
Hi Athullya! The timeline for an ex parte divorce can vary, but it generally takes around 6 months to a year, depending on the court's schedule and ensuring your husband is properly notified.
Do you have any other questions regarding the process?
IS HEARING PROCEDURE IS AFTER SITTING
Hi Athullya! The hearing procedure typically occurs during the sittings. The court will listen to both parties' arguments and evidence during these sittings. If your husband doesn't appear, the court may proceed with the hearing and eventually grant an ex parte divorce. Do you have any other questions about the hearing process?
I ALREDY COMPLETED MY * SITTING.MY NEXT DATE IS DEC 23RD.SO WHAT PROCEDURE WILL DO ON THAT DAY?
Hi Athullya! On your next sitting scheduled for December 23rd, the court will likely review the progress of the case, including the status of the notice to your husband. If he continues to be unresponsive, the court might move forward with the ex parte divorce process.
Do you have any concerns about the upcoming sitting?
YES.THE NOTICE ALREADY RETURNED.BUT THE UPDATION IS NOT IN COURT.SO WHAT WILL NEXT?
Hi Athullya! If the notice has been returned but not updated in the court records, your advocate should inform the court about this development during the next sitting. The court may then proceed with substituted service or other necessary steps to ensure your husband is notified.
Do you have any concerns about the substituted service process?
WHAT IS OTHER NECESSARY STEPS?
Hi Athullya! Here are some potential next steps if the notice is returned and not updated in the court records:
- Inform the Court: Your advocate should update the court about the returned notice.
- Substituted Service: The court might order substituted service, such as publication in a newspaper.
- Further Sittings: The court may schedule additional sittings to review the case.
Do you have any specific concerns about these steps?
YES OF COUSE,WHAT IS HEARING?
Hi Athullya! A hearing is a formal session in court where the judge listens to the arguments and evidence from both parties involved in the case. It's an essential part of the legal process to help the judge make an informed decision.
Do you have any other questions about the hearing process?
IN CASE ONLY ONE PARTY WILL ATTEND THE COURT,WHAT WILL NEXT?
Hi Athullya! If only one party attends the court, here's what usually happens:
- The court may proceed with the hearing based on the attending party's evidence.
- If the absent party has been properly notified but does not appear, the court might grant an ex parte decision.

Do you have any other concerns about this process?
SO THIS IS MY QUESTION WHEN WILL GET MY DIVORCE?
Hi Athullya! The timeline for your divorce depends on several factors, including the court's schedule, your husband's response, and any additional cases (like the gold case). Generally, it can take anywhere from 6 months to a few years. Given your situation, it seems you are progressing well.
Do you have any other specific questions about your case?
IN CASE I CANCELED MY GOLD CASE?WHAT WILL NEXT TO MY DIVORCE?
Hi Athullya! If you cancel your gold case, it might simplify and potentially speed up your divorce proceedings. The court will then focus solely on the divorce case, which might result in a quicker resolution.
Do you have any other concerns about canceling the gold case?
WHAT ARE THE PROCEDURES FOR IMMEDIATE ANOTHER MARRIAGE?
Hi Athullya! For immediate remarriage, you need to ensure your divorce is finalized first. Here are the steps:
- Finalize Divorce: Ensure all legal proceedings are complete and you have a final divorce decree.
- Marriage Registration: Follow the legal process for registering a new marriage under the Special Marriage Act or personal law applicable to you.
Do you have any other questions?
IF I MARRIED A ANOTHER PERSON IN TEMPLE?
Hi Athullya! Marrying another person in a temple while your current marriage is still legally intact can lead to legal complications, including charges of bigamy. It's crucial to finalize your divorce before entering into another marriage.
Do you have any other questions or concerns?
IF I DO LIVING TOGETHER?
Hi Athullya! In India, including Kerala, living together without being legally married is not illegal. However, here are some points to consider:
- Legal Recognition: Live-in relationships are not given the same legal status as marriage, but they are recognized for certain purposes like domestic violence protection.
- Children's Rights: Children born out of live-in relationships have the same rights as those born to married couples.
- Social and Cultural Acceptance: Consider societal and cultural acceptance in your region.
Do you have any other questions about live-in relationships?
MY SITTING WAS STARTED IN OCTOBER.CA I GET DIVORCE BEFORE MARCH?
Hi Athullya! Given that your sittings started in October, it is possible but unlikely to get a divorce before March due to the multiple steps involved, including substituted service and potential hearings. It typically takes around 6 months to a year.
Do you have any specific concerns about the timeline or process?
IS COURT WILL CLOSE SUMMER VACATION?IF YES,WHEN WILL CLOSE?
Hi Athullya! Yes, courts in Kerala usually close for summer vacation. Typically, the Kerala High Court's summer vacation is during the month of May. However, specific dates can vary each year.
Is there anything specific you need assistance with regarding the court's schedule?
CAN I GET MY DIVOCE BEFORE SUMMER VACATION
Hi Athullya! Getting a divorce before summer vacation largely depends on the court's schedule and how quickly the substituted service process and hearings progress. If your husband continues to be unresponsive, you might be able to expedite the process with an ex parte divorce.
Do you have any concerns about expediting the process?
WHAT IS THE TIME PERIOD OF THAT?
Hi Athullya! The time period for an ex parte divorce can vary, but generally, it takes around 6 months to a year. To expedite it, ensure proper notice is given, and promptly follow up with your lawyer.
Do you have any other questions or concerns?
WHAT IS THE TIME PERIOD OF MUTUAL DIVORCE?
Hi Athullya! The time period for a mutual divorce in India generally takes around 6 months. Here are the steps:
- File a joint petition for divorce.
- First motion: Court records statements and gives a *-month cooling-off period.
- Second motion: After 6 months, if both parties still agree, the court grants the divorce.
Do you have any other questions?
IF THE HUSBAND WILL BLACKMAIL WIFE WITH NUDE PHOTOS.WHAT WILL DO COURT?
Hi Athullya! If your husband blackmails you with nude photos, it is a serious offense. Here are the legal actions the court can take:
- File a Complaint: You can file a complaint with the police under sections of the Indian Penal Code (IPC) like Section 354C (voyeurism) and Section * (criminal intimidation).
- Protection Orders: The court can issue restraining orders to protect you.
- Evidence: Submit any evidence of the blackmail to the court.
Do you need more information on how to proceed with filing a complaint?
THE HUSBAND SI DEAD DURING THE TIME PERIOD OF DIVORCE.WHAT WILL COURT DO?
Hi Athullya! If your husband passes away during the divorce proceedings, the court will typically abate (terminate) the divorce case since the marriage legally dissolves upon death. You can then proceed with any legal matters related to his estate or other pending issues.
Do you have any questions regarding his estate or other legal concerns?
IS ALLOWED TO LIVING TOGETHER DURING DIVORCE PROCEEDINGS?
Hi Athullya! Yes, living together during divorce proceedings is allowed in India, including Kerala. Here are some points to consider:
- Legal Status: Live-in relationships are not illegal and are recognized for certain legal purposes.
- Social Acceptance: Consider the societal and cultural acceptance in your region.
Do you have any other questions?
IS DIVORCE GET IN * MONTHS?
Hi Athullya! It's generally difficult to get a divorce within 3 months due to legal procedures, mandatory cooling-off periods, and court schedules. Most divorces, including mutual consent ones, take around 6 months or more.
Do you have any concerns about expediting the process or any other aspect of your case?
OK
Hi Athullya! If you have any further questions or need more detailed guidance, please feel free to ask. I'm here to help!
IS THERE ANY OPTION TO GET DIVORCE FASTER?
Hi Athullya! To get a faster divorce, consider these options:
- Mutual Consent Divorce: If both parties agree, it generally takes around 6 months.
- Ex Parte Divorce: If your husband remains unresponsive, the court can grant a divorce in his absence.
Have you discussed these options with your lawyer?