1. How to start the process and what are the main steps ?
==You have to file a petition before the District court/Family court under section 13-B of Hindu marriage Act. By the time of filing the petition, there should be one year separation between you. One more condition is you should wait for 6 months more from the date of petition.
2. Do we have to appear in court ?
==Yes, at least twice, first time at the time of presentation of the petition and second time at the time of filing your evidence and Judgement i.e. after completion of six months period.
3. How much time does it take from the day of filing ?
==Six months + two months mics works, total 8 months from the date of petition.
4. Is there any pre-condition like husband and wife have to stay separate for certain time before the divorce can be filed ?
==One year separation by the date of filing the petition.
5. How much alimony will I have to pay and for how long ?
==Normally, the husband has to pay alimony approximately 1/3 of his salary. But there is a provision of permanent alimony (i.e. one time lumpsum amount). This amount depends upon mutual understanding. Normally it will range between two lakhs to 10 lakhs or even more depending upon the status of the husband. If the wife is employee or education, the permanent alimony will be very less.
6. How much child support will I have to pay and for how long ?
==Permanent alimony which is explained in point No.5 includes child maintenance also.
7. I have a couple of properties, one purchased before marriage and the other after marriage, but both are in my name only. What does the law say regarding properties owned by husband ?
==In the same court, there will be a Memorandum of understanding, where you can mention about the above properties saying that she has no right on your properties movable or immovable. This is full and final settlement.
8. What does the law say regarding other assets of husband, like bank accounts, car etc. that are acquired during marriage ?
==Same as point No.7.
9. Any other suggestion/advice ?
==If you want visitation rights of your child, you have to mention the same in the Memorandum of understanding. You can visit/see your child and can spend for one hour or as ordered by the Honble Court. Or If you want custody of child, you have to mention the same in the Memorandum of understanding.
If there is dispute regarding child custody and both wife and husband claims custody, a separate case will go in the same court, but however you will get divorce. Untill the final result of the child custody petition, the court temporarily allots the custody to the person who can look welfare of the child and grants visitation rights to the other person.