Expert Divorce & Matrimonial Lawyer in Gurugram | INDIA  

Additional FAQs on Divorce and Family Law 

1. Who is the best divorce lawyer in Gurgaon?

Vivek Nasa & Associates are widely recognized as the best divorce lawyers of Gurgaon, known for their strategic legal solutions, client-focused approach, and extensive 25+ years of experience in successfully handling mutual consent divorces, contested divorce litigation, Maintenance of Wife and Children, alimony disputes, Domestic violence issues, Property Division and Child custody cases. Their expertise ensures strong legal representation in family law matters. 

2. What is a Mutual Consent Divorce? 

A mutual consent divorce is a legal process where both spouses agree to end their marriage amicably. It is a relatively simpler and quicker process compared to contested divorces. It is a faster and more straightforward process than a contested divorce. Vivek Nasa & Associates provide expert legal guidance to help you file a mutual consent divorce efficiently. Contact Vivek Nasa & Associates today to Learn more about filing a mutual consent divorce.

3. What services do Vivek Nasa associates -  Top divorce lawyers in Gurgaon provide?

Vivek Nasa & Associates, top divorce lawyers in Gurgaon, provide expert legal services such as: 

• Filing mutual consent divorces. 

• Contested divorce litigation

• Child custody and visitation rights proceedings

• Resolving alimony disputes. 

• Maintenance of Wife and Children disputes

• Property division litigation

• Domestic violence cases and restraining orders 

4. What are requirements for filing mutual consent divorce in Gurgaon?

To file a mutual consent divorce in Gurgaon, both spouses must agree on all aspects of the separation, including property division, alimony, and child custody arrangements. Vivek Nasa & Associates provide expert guidance, prepares all necessary legal documents, and represents you in court, ensuring a smooth and efficient filing process. Contact us for assistance with your mutual consent divorce. Experienced divorce lawyers like Vivek Nasa & Associates ensures a smooth filing process, preparing all legal documents and representing you in court. We ensure a smooth and stress-free divorce process 

5. What is contested divorce litigation, and how can a expert divorce lawyer help?

A contested divorce occurs when one or both spouses cannot agree on the terms of their divorce on the terms of the divorce, leading to legal proceedings and disputes over issues such as alimony, child custody, or property division. In case one spouse wants divorce and the other doesn't, even in this case Divorce case becomes Contested. Contested divorce is the one where spouses disagree on key issues like alimony, custody, or property division. A skilled divorce lawyer can advocate for your rights, represent you in court, and work towards a favorable outcome. An experienced divorce lawyer, like those at Vivek Nasa & Associates provide legal advice, represent clients in court, negotiate settlements, and help with complex legal matters like child custody, property division, and spousal maintenance. Expert legal representation is crucial in contested divorce litigation.

6. How long does a divorce take in Gurgaon?

The duration of a divorce in Gurgaon varies depending on the type:

• Mutual consent divorce: Typically 6 to 12 months. This duration can be reduced, and 6 month wait period can be waived off under certain circumstances. Schedule Appointment with Vivek Nasa & Associates to know more. 

• Contested divorce: The timeline varies significantly based on the complexity and court schedules.

Vivek Nasa & Associates can expedite the process with strategic planning.

7. Can a divorce lawyer help with spousal support and alimony litigation?

Yes, Vivek Nasa & Associates specialize and have significant experience in spousal support and alimony litigation. Whether you are seeking or defending against an alimony claim, Experienced lawyers at Vivek Nasa Associates ensure fair financial arrangements are pursued. We navigate the complexities of spousal support to protect your financial interests. 

8. What is the role of a family law attorney?

Family law attorneys like Vivek Nasa & Associates specialize in legal matters related to families, including divorce proceedings, child custody, spousal maintenance, property division, domestic violence, and adoption. We are equipped to handle complex family legal issues and represent clients to achieve desired outcomes. Consult with a Top family lawyers of Gurugram - Vivek Nasa Associates to understand your rights and options 

9. Can I get a restraining order in cases of domestic violence?

Yes, in domestic violence situations, Vivek Nasa & Associates can provide legal counsel & representation before Magistrate to help you obtain restraining orders and protection under the law. Seeking immediate legal help is essential for your safety. We can guide & represent you through the process of getting protection from domestic violence.

10. How do I choose the best divorce lawyer near me?

When choosing the best divorce lawyer near you, consider factors like:

• Extensive experience in Divorce & family law

• A proven track record of success

• Positive client reviews and testimonials

• A personalized Legal approach to your case.

Vivek Nasa & Associates meet all these criteria and are rated the best divorce lawyers in Gurgaon. We encourage you to schedule a confidential consultation with Vivek Nasa &  Associates. 

11. What is the process for child custody litigation in Gurgaon?

Child custody litigation in Gurgaon involves legal proceedings to determine the child's best interests regarding custody and visitation rights. Vivek Nasa & Associates prioritizes your child's welfare while vigorously advocating for your parental rights. The court determines child custody based on the child’s best interests, considering factors like emotional well-being, stability, and financial security. Vivek Nasa & Associates ensures that your parental rights are strongly represented. Book Appointment with Vivek Nasa Associates  - Experienced lawyers in Gurugram for Child Custody matters. 

12. Can a court order be modified after divorce?

Yes, court orders related to child custody, visitation, or spousal maintenance can be modified if there is significant change in circumstances. Consult Vivek Nasa & Associates for  expert advice and representation for modifying court orders. Book appointment with Vivek Nasa Associates today.

13. What are the benefits of taking services of Vivek Nasa Associates -  top family court lawyers in Gurgaon?

Working with top family court lawyers in Gurgaon, like Vivek Nasa & Associates, offers significant benefits:

• Comprehensive legal strategies tailored to your specific case.

• Expert legal strategies for family disputes.

• Strong representation in court to protect your interests.

• Tailored legal strategies for complex family disputes. 

• Strong representation in court 

• Compassionate & emotional guidance for Legal complexities of family law matters

• Over 25 years of legal expertise 

Vivek Nasa & Associates provide a full-range of divorce and family law services with proven results

14. Does Vivek Nasa Associates offer online divorce consultation services?

Yes, Vivek Nasa & Associates offers convenient & confidential online consultations via video calls, allowing you to access expert legal advice about your divorce from the comfort of your home. Contact us today to schedule an online consultation 

15. What is the cost of hiring a divorce lawyer in Gurgaon?

The cost of hiring a divorce lawyer in Gurgaon depends on the complexity of your case. Vivek Nasa & Associates ensure transparent and competitive pricing, ensuring you understand all costs upfront after an initial consultation. 

16. What is the difference between mutual consent and contested divorce?

The key differences are:

• Mutual consent divorce: Both spouses agree on all divorce terms, such as alimony and child custody.

• Contested divorce: Spouses disagree on key issues, leading to court intervention.

Vivek Nasa & Associates has experience in both and can guide you to the best course of action based on your case.

17. How can I protect my property rights during a divorce?

Property division requires legal strategies. Property division litigation ensures a fair distribution of marital assets during divorce. Vivek Nasa & Associates helps you safeguard your property rights through detailed legal strategies and strong representation. Vivek Nasa & Associates ensures equitable asset distribution and protects your financial interests. Let us protect your property rights during your divorce process 

18. Can fathers file for custody of their children?

Yes, fathers have equal rights to seek custody and visitation of their children. Vivek Nasa & Associates specializes in fathers’ rights litigation, advocating for fair parental rights and ensuring your child’s best interests are protected. We can help you in your fight for child custody 

19. What should I look for in the best divorce attorney near me?

When choosing a divorce attorney, consider:

• Their experience in family law

• Their success rate and reputation

• Positive client reviews and testimonials

• A personalized approach to understanding your unique needs.
  Vivek Nasa & Associates is consistently rated as a top divorce lawyer in Gurgaon.

20. What is a Prenuptial Agreement? Can a prenuptial agreement protect my assets in case of divorce?

A prenuptial agreement is a legal contract signed before marriage outlining how assets and debts will be divided in case of divorce. Yes, prenuptial agreements can help protect individual assets during a divorce, however we must understand that under present Indian legal framework, such Agreements are not enforceable. While Indian law currently does not explicitly enforce these agreements, they can still be valuable for setting expectations and potentially protecting assets if a divorce occurs. Vivek Nasa & Associates can help you with prenups and marital agreements for your specific circumstances. 

21. Which Laws Govern Divorce in India? 

Divorce in India is governed by several key laws, including 

📌 Hindu Marriage Act, 1955

📌 Special Marriage Act, 1954 

📌 Indian Divorce Act, 1869 

The applicable law is determined by the religion and personal laws of the parties involved. Consult Vivek Nasa Associates - Best Divorce lawyers of Gurugram, to understand which law will govern your case. 

 
22. What are the Grounds for Divorce in India? 

Grounds for divorce in India vary depending on the applicable law but can include mutual consent, cruelty, adultery, desertion, conversion, mental illness, and more. Consult Vivek Nasa & Associates - Experienced divorce lawyers with over 25 years experience to understand the specific grounds relevant to your case. 

 
23. What is the Cooling-Off Period in a Mutual Consent Divorce? 

In cases of mutual consent divorce, Indian law mandates a six-month cooling-off period between the first and second motion, which can be shortened in exceptional circumstances. During this period, spouses have the option to reconcile. Book appointment with Vivek Nasa & Associates - Top divorce lawyers of Gurgaon, to seek guidance as to how you can get this 6 month Cooling off / wait period waived off.  

24. How Long Does a Divorce Process Take? 

The duration of the divorce process in India varies. Factors like the type of divorce (mutual consent or contested), court proceedings, and the complexity of the case all contribute. A contested divorce generally takes longer than a mutual consent divorce. Expert divorce lawyers at Vivek Nasa Associates can help you get a divorce as quickly as possible. 

25. How is Child Custody Determined in a Divorce? 

In divorce cases, child custody is determined by the court based on the best interests of the child. Factors such as the child’s age, health, emotional needs, and the parents' ability to provide a stable and nurturing environment are carefully evaluated. Book Appointment with  Expert divorce lawyers at Vivek Nasa Associates to understand the details.  

26. What is Child Support? 

Child support is the financial obligation of a parent to provide for the child’s needs, including food, clothing, shelter, education, and healthcare. A court order will specify the amount and frequency of payments. The court assesses both parents’ financial situations before determining support amounts. Contact us for advice in child support payments.

 
27. What is Spousal Maintenance? 

Spousal maintenance also known as Maintenance to Wife is financial support paid by one spouse to the other, especially if one is financially dependent or has lower earning capacity. Spousal maintenance is determined by the court. We can assist with negotiating spousal support. 

28. How is Marital Property Divided in a Divorce? 

The division of marital property during a divorce considers factors such as the length of the marriage, the contributions of each spouse, and the financial needs of both parties. A fair distribution of assets is the aim. Vivek Nasa & Associates can help ensure an equitable property division process.

29. Can divorce be one sided?

Under the Hindu Marriage Act, 1955, one sided divorce can be filed on grounds such as cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. This is known as contested divorce.

30. Who can ask for maintenance?

• A wife who cannot support herself.

• Children, including adopted children, if they cannot earn.

• Parents who are financially dependent.

31. How does the court decide the amount of maintenance?

• The court looks at the income of both parties.

• It considers the lifestyle and needs of the person asking for maintenance.

• It also checks how much the paying person can afford.

31. What type of lawyer is best for divorce?

When dealing with a divorce, you need an experienced matrimonial lawyer who specializes in family law. At Vivek Nasa & Associates, we are recognized as the best divorce lawyers in Gurgaon, offering expert legal counsel for mutual divorce, contested divorce, child custody, alimony disputes, and property division. Whether you need a top divorce attorney in Gurugram for a straightforward mutual consent divorce or a senior divorce lawyer in Gurgaon for complex litigation, our team provides 100% confidentiality and strategic legal solutions.

32. How to file for divorce in Gurgaon?

To file Divorce Petition in Gurgaon  consult an experienced divorce lawyer who can guide you through the legal process, whether it's mutual consent or contested. At Vivek Nasa & Associates, We assist clients in every step, from drafting petitions to representing them in family courts. If you seek a mutual divorce lawyer near me, our experts will guide you through a quick and amicable divorce process. For contested divorces, we provide aggressive courtroom representation to protect your rights. Contact Vivek Nasa & Associates - best family lawyer in Gurgaon today for legal assistance on filing divorce proceedings in Family court Gurugram. 

33. Who is India’s top divorce lawyer?

Among India's leading legal experts, Advocate Vivek Nasa is widely regarded as one of the best divorce lawyers in India. As a senior divorce lawyer in Gurgaon, he has over 25 years of experience handling high-profile matrimonial disputes, child custody battles, and NRI divorce cases. His firm, Vivek Nasa & Associates, is known for providing top-tier legal representation in Gurgaon and Delhi NCR.

34. Can I fight my own divorce case?

While Indian law allows individuals to represent themselves, handling a divorce case without a lawyer can be risky. A qualified divorce lawyer in Gurgaon ensures your rights are protected, especially in matters involving child custody, alimony, and property division. If you're searching for a divorce lawyer near me, trust Vivek Nasa & Associates for expert legal guidance.

35. Can any lawyer file for divorce?

Not every lawyer specializes in family law. A good divorce lawyer in Gurgaon understands the complexities of marriage laws, spousal maintenance, domestic violence cases, and property disputes. At Vivek Nasa & Associates, we are dedicated divorce and family law experts, offering tailored solutions for mutual and contested divorces.

36. What is automatic divorce?

There is no concept of automatic divorce in India. Divorce requires a legal petition, court hearings, and a judicial decree. If you need a divorce lawyer in Gurgaon to handle your case efficiently, Vivek Nasa & Associates provides the best legal services for fast divorce settlements.

37. What are the rules for husband and wife divorce?

Divorce in India is governed by personal laws, such as the Hindu Marriage Act, Muslim Law, and Special Marriage Act. Whether you're seeking a mutual consent divorce or a contested divorce, the best matrimonial lawyer in Gurgaon can guide you through the legal requirements, documentation, and court procedures.

38. Can I marry after filing a divorce in India?

No, remarriage is not allowed until the divorce is legally finalized by the court. If you need a fast-track divorce process, consult the top divorce lawyer at Vivek Nasa & Associates for expert legal assistance.

39. Can the court reject a divorce?

Yes, a divorce petition can be rejected if it lacks legal grounds or necessary documentation & Evidence. A senior divorce lawyer like Advocate Vivek Nasa can ensure that your Divorce case is properly filed and presented before the court to avoid unnecessary delays or dismissals.

40. Can I file a one-sided divorce?

Yes, a one-sided or contested divorce can be filed under cruelty, desertion, adultery, or mental illness. The best divorce lawyer in Gurugram at Vivek Nasa & Associates will ensure you have strong legal representation to fight for your rights.

41. How can a man win a divorce case?

Men can secure fair outcomes in divorce cases with proper legal strategy. The best divorce advocate in Gurgaon at Vivek Nasa & Associates will help you with child custody, alimony disputes, and property settlements.

42. How to get a divorce fast?

A mutual consent divorce is the fastest way to legally separate, taking 6-9 months. Our mutual divorce lawyers in Gurgaon at Vivek Nasa & Associates handle everything from drafting petitions to court representation for a hassle-free process.

43. Can we take divorce without reason?

No, Indian law requires valid grounds for divorce. However, mutual consent divorce does not require proving wrongdoing. Consult a Vivek Nasa & Associates - top matrimonial lawyers in Gurgaon for guidance.

44. How can I divorce my wife without maintenance?

Spousal maintenance depends on income, assets, and financial dependence. Our Vivek Nasa & Associates, the best family lawyers in Gurgaon can help contest unfair alimony & Maintenance claims.

45. Does the wife get 50% of the husband's property after divorce?

Indian law does not automatically grant 50% property rights to the wife. However, she can claim maintenance, residence rights, and financial support. Vivek Nasa & Associates - Best Divorce & Family Lawyers in Gurgaon protect your assets in divorce cases.

46. Can a husband refuse to divorce his wife?

Yes, husband can refuse and contest a divorce case filed by his wife. Husband has right to lead evidence and convince the court to dismiss divorce case filed by the wife. Till divorce is not granted, the wife can't remarry. Vivek Nasa & Associates - top divorce advocates in Gurgaon ensure that your rights are upheld in such cases.

47. What are a man's rights in divorce?

Men have rights to child custody, fair alimony terms, and asset protection. Vivek Nasa & Associates - best divorce lawyers in Gurgaon ensure fair legal representation.

48. Can we get a divorce in 15 days?

No, the minimum time for a mutual divorce is 6 months, unless waived by the Family Court. In the event your lawyer is able to satisfy the Family court judge that your case falls under category of cases which are eligible for waiver of 6 month period, then you can get divorce within 8-9 days. Hence you need representation by Experienced & Senior Divorce lawyers like Vivek Nasa & Associates. We can help expedite the process.

49. What is the right of a wife after divorce?

A wife can claim Alimony, maintenance, child custody, and residence rights. Vivek Nasa & Associates - the best family lawyers in Gurgaon provide expert legal guidance.

50. Can a working wife claim alimony?

The Answer is a Yes and a NO. Yes, if she earns significantly less than her husband, she may be entitled for alimony, however if she has similar earning to that of husband she may not entitled for alimony. Length of marriage and dependent children are also a criteria.  Vivek Nasa & Associates - top divorce lawyers in Gurgaon provide legal guidance on fair settlements.

51. Is it compulsory to pay the wife after divorce?

Not always. Alimony is based on financial need, length of marriage, dependent children and lot of other factors. Vivek Nasa & Associates, the best alimony lawyers in Gurgaon ensure fair legal outcomes.

52. What if the husband refuses to pay maintenance?

If the husband does not pay, the wife can file a Execution for Maintenance order before the Family court or the Magistrate court, as the case may be. The concerned court can order attachment of salary of Husband, attachment of properties and bank accounts of husband and in extreme circumstances, arrest the husband and send him to jail for Non Payment of Maintenance as per orders of the court.  Vivek Nasa Associates can help enforce the maintenance order.

 
53 When Should I Consult a Divorce Lawyer? 

It is best to consult a divorce lawyer as soon as you are contemplating divorce. Early legal advice can help you understand your rights, obligations, and options. It is always better to be informed. We offer consultations if you are contemplating divorce  Book Appointment with Vivek Nasa Associates - Best Divorce lawyers of Gurugram if you are contemplating a divorce.

54. Does wife get 50% of the husband's property after divorce?

In India, a wife does not automatically get 50% of the husband's property after divorce. Property division depends on several factors, including ownership, financial contributions, and applicable personal laws. Under the Hindu Marriage Act, Special Marriage Act, Domestic violence Act and other matrimonial laws, a wife may have rights to Maintenance, residence, alimony, or a share in jointly owned property, but no 50% right in Husband's property. 

55. What is Ex-Parte Divorce?

An Ex-Parte Divorce occurs when one spouse files for divorce, but the other fails to appear in court despite being served legal notice. In such cases, the court can grant a one-sided divorce decree in favor of the petitioner. This typically happens when the respondent deliberately avoids court hearings or refuses to participate in legal proceedings.

56. Can an Ex-Parte Divorce Be Challenged?

Yes, the absent spouse can make an application or appeal for for setting aside an Ex-Parte Divorce decree if said Spouse can prove that his/her absence was due to Non-Service of Summons / Court Notice, or other valid reasons like medical emergencies or improper service of court notice.

57. How Much Can a Wife Claim in Divorce?

The amount a wife can claim in a divorce depends on several factors, including her financial status, husband's income, standard of living, duration of the marriage, and legal provisions under Indian matrimonial laws. The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife. It stated that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony. A wife may be entitled to:

✔ Alimony (Spousal Maintenance): Granted under Section 125 CrPC, the Hindu Marriage Act, or Special Marriage Act, alimony can be monthly, lump sum, or periodic payments, based on the husband's earnings and wife's financial needs.

✔ Child Support: If the wife has custody of children, she can claim child maintenance for their education, healthcare, and daily expenses.

✔ Property Rights: While wives do not automatically get 50% of the husband’s property after divorce, they may have a claim on jointly owned assets, residence rights, or financial settlements depending on the case.

58. Where can I find a top family lawyer in Gurgaon? 

You can find top-rated family lawyers at Vivek Nasa & Associates, serving key areas including DLF Phase 1, MG Road, Sohna Road, and Sector 56. Our lawyers specialize in child custody, property division, alimony, and more. 

59.What is the cost of hiring a divorce lawyer in Gurgaon?

The cost of hiring a divorce lawyer in Gurgaon depends on the complexity of your case, type of divorce (mutual or contested), and duration of legal proceedings. We offer transparent, competitive fees and customized packages based on your needs.