Alimony amount is decided for the divorce after contesting the case for 4 years by both parties in front of judge. Now both party advocates are asked by the judge to prepare papers. My questions are:
1. does that mean it will no longer be a contested divorce and will become mutual consent divorce.
2. Once the papers are ready, how many days are given to submit the alimony amount (in lump sum)
3. After ho many days will the divorce decree be given.
4. Can both the parties then remarry and if yes after how many days?
Asked 3 years ago in Family Law from Ghaziabad, Uttar Pradesh
Thank you Nishant Sir for your detailed response. Truly appreciate your help. I have two more questions that arises in my mind by your answers:
1. When you said "Normally the divorce decree is give immediately after finalization of proceedings.",
(a) Did you meant that divorce decree is given once the alimony amount papers are ready and signed by both the parties. (and alimony amount could be deposited in the reasonable time in one go or in installments as suggested by the court).
(b) Does it mean divorce decree is given only after the alimony amount is deposited (before the reasonable time given by the court to deposit it)?
2. In case the divorce decree is given once the alimony amount papers are ready and signed by both the parties (option 1(a) above) but entire alimony amount is not yet deposited and if the party who is receiving the alimony remarries then will that party still get the remaining alimony amount?
3. As you said that still this case be a contested one and not the mutual consent, Is it true then both the parties have the option to challenge the judgement in higher court. If yes then shouldn't the parties wait for 3 months before getting remarried?
Waiting eagerly for your response. Thank you again.
Asked 3 years ago
1. The divorce will still be a contested one and not my mutual consent.
2. Normally if the alimony amount is large, the court gives reasonable time to deposit the amount. Sometimes a liberty is given to deposit the amount in installments. The reasonable time may run into 6 months or so. The lawyer can request the court after the amount is settled to get some reasonable time for depositing the same.
3. This depends on the next date of hearing. Normally the divorce decree is give immediately after finalization of proceedings.
4. The parties can remarry on the very next day of getting the divorce decree.