Following are the ways through which you can file for divorce in Arunachal Pradesh.

Apply In-Person:

1. Before applying for divorce, decide whether you and your spouse agree on the divorce terms.
2. If you both agree on the divorce terms then you can file for divorce by preparing the necessary documents mentioned in the below section. If you don’t agree the divorce terms then you need the assistance of a lawyer.
3. Make sure that you have submitted all the proper documents to the lawyer mentioned in the “Required documents” section below.
4. Now the lawyer files a petition in the concerned court of your district.
5. Refer the location of court in the “Office location & contacts” section below.
6. After some period, the court calls for hearing. Make sure that you have met all the requirements for completing the hearing.
7. You will be notified of the date and time of your court hearing by mail/post.
8. At the time of hearing, the petitioner has to prove that they are not together for more than one year.
9. Once the hearing is over, the court gives a period of 6 months to re-consider their decision.
10. In case the petitioner does not withdraw the petition, the judge will grant your divorce and set the terms.
11. The full agreement between you and your spouse will be “ordered” by the judge in a divorce decree.
12. Make sure that you get a certified copy of your divorce decree.

Apply through Centres

1. To apply through centres, the applicant has to visit the respective “CSC” centre. Please tap on the following link to locate the centre according to the respective district: link.
2. Make sure to have the documents that are listed under the “Required Documents” section of this page.
3. An application form can be obtained through the kiosk operator upon visiting the centre.
4. The applicant has to fill in all the necessary information in the application form.
5. Submit the application form with ”Required Documents” to the office.
6. It is advised to take the documents in original to the kiosk for scanning purposes.
7. The operator will process the application online.
8. On successful submission, the applicant will receive an application number as acknowledgement.
9. After the application form is processed, the district court calls for a hearing.
10. The applicant will be notified of the date and time of the court hearing by mail/post.
11. At the time of hearing, the petitioner has to prove that the applicant and the spouse are not together for more than one year.
12. Once the hearing is over, the court gives a period of 6 months to reconsider the decision of divorce.
13. In case the petitioner does not withdraw the petition, the judge will grant the divorce and set the terms.
14. The full agreement between petitioner and respondent will be “ordered” by the judge in a divorce decree.
15. Collect the certified copy of the divorce decree in a stipulated period of time.

Following are the list of documents that has to be submitted to the lawyer to file for divorce

• Proof of marriage
• Identity proof of both parties
• Passport size photograph of both parties
• Evidence proving spouses are living separately since more than a year.
• Details of properties and other assets owned by the petitioner
• Financial Affidavit
• Notice of Hearing
• Settlement Agreement
• Custody agreement

Click on the link eCourtto know about the courts in Arunachal Pradesh.

Applicant should be the resident of Arunachal Pradesh.

Explain the fees structure which is required for obtaining the certificate/document.

Once the divorce is granted it cannot be changed.

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Processing time depends upon the cases.

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Make sure that you get a certified copy of your divorce decree and put it in a safe place.

Following are the required information to file for divorce

• Petitioner details.
• Residential details
• Contact details
• If there is a child then the details about child’s custody

Certified copy of divorce decree is helpful in the future for many things like getting re-married, buying a house etc,.

Types of Divorce:

• Mutual Consent - Both the spouses are in agreement that divorce cannot be avoided and they both opt for a "no fault" divorce.
• Contested Divorce - The spouse seeking divorce can file under the appropirate faith based law under which they got married or in case of civil marriage under the appropirate law under which they married or their marriage was registered.

Governing Laws:

• Hindus - The Hindu Marriage Act, 1955
• Christians - The Divorce Act,1869, The Indian Christian Marriage Act,1872
• Parsis - The Parsi Marriage and Divorce Act,1936
• Muslims - Shariat Law, The Dissolution of Muslim Marriage Act,1939
• Inter-cast/Secular - Special Marriage Act, 1954, The Foreign Marriage Act,1969

Alimony:

Alimony is another important aspect which must be taken into consideration.

The following are the factors that will be taken into determination while deciding the amount of alimony:

• Duration of marriage
• Age of recipient
• Health of spouse
• Respective marriage laws
• Child custody
• Financial position of either spouse

The Format of Divorce Petition:
The format varies from state to state; however, the divorce/dissolution petition shall contain the following information:

• Spouse details: Spouses by name and address;
• Marriage details: Date and place of marriage;
• Child out of wedlock: Identification of children out of wedlock.
• Place of cohabitation: Acknowledgment that both the parties have lived in the state or county for a certain period of time prior to filing the petition;
• Grounds for divorce: The reasons for such a dispute over marriage;
• Court fee: Differs based on the gender of the petitioner i.e. free for females a petitioner.
• Prayer: Details about the alimony, cost bearer of a legal suit, child custody, such other request before honorable court.

Place of Divorce Petition to be filed:

• Place where marriage has been solemnized.
• Place where both husband and wife last resided together.
• Place where the wife is residing at the time of filing of the Petition before the honorable court.

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e.g. Birth Certificate can be used as proof of identity.

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