- 1). Hire an experienced divorce attorney. While it is not always necessary to hire an attorney if both parties agree on the divorce (no-fault divorce), if the divorce is contested, then it will be subject to the Indian Marriage Act, which specifies the regulations for divorce based on the religion of the married couple.
- 2). Compile a fact-based list or collection of documents that you will use as the grounds for filing for a divorce. While grounds for divorce vary depending on the religion of the divorcing parties, general grounds include adultery, abandonment, physical or mental abuse, sexual impotency, if one party has a terminal or incurable disease and if one party is clinically insane.
- 3). File (or have your lawyer file on your behalf) the divorce petition at the court in the jurisdiction where the marriage license was originally issued. In addition to the grounds for divorce, you must also provide income tax statements, salary information, details on living arrangements with children and family members and any property or assets that you own separately or jointly.
- 4). Pay the filing fee, which will vary depending on the jurisdiction in which you are filing for divorce, though it should not exceed $200.
- 5). Sign a Vakalatnama, which gives your lawyer the right to represent you in court.
- 6). Answer any additional questions or requests for information that the court or your lawyer may have in regards to your petition for divorce.
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