How do I go about filling for a divorce

This depends on the kind of marriage celebrated. If it's a statutory marriage, you should get a lawyer to file for divorce in the High court for dissolution of the said marriage. If it's a customary marriage, this can be dissolved by a customary court if you intend to have a documentary back up. If it's a Muslim marriage, you may approach a sharia court or go through the less  formal procedure by oral declaration and the likes. For statutory marriage, it has to be up to 2 years before being able to apply for divorce else there would be a need to file for leave of court for exceptional cases. In all of this, just get a lawyer to advise you better.

If you married under customary law, you may not need to undergo the tussle of going to customary court for divorce. If you wish, you can simply follow the procedure of your custom (the particular custom guiding the marriage) in dissolving the marriage.

And if you married under the Act, that is you were issued a marriage certificate by the marriage registry or the church, then you have to go to court to dissolve the marriage. 

However, if there is still love between you and your partner and you think you two might be able to fix things in the future, instead of filing for the divorce, you can file for separation. In this case, the marriage is still subsisting but both of you are allowed my the law to live separate as long as you wish as though you were never married, and then use the time to fix things. It all depends on your choice.

But whichever choice you make, you need a lawyer to guide and to commence the procedure.

Thank you.

Filing for divorce involves specific procedures depending on your personal law - mutual consent divorces are quicker, while contested cases require detailed grounds, evidence, and court hearings. The process includes filing a petition, possible counseling/mediation, and a final decree by the family court. Because timelines, jurisdiction, and rights like alimony or child custody vary, guidance from an experienced family lawyer can save time and stress. Solomon & Co.’s family law team can assist you through every step to protect your rights and secure a fair resolution.

(Email: solomonco@slmnco.in)