Family › Divorce or separation
Want divorce but spouse refuses
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- Which best describes your situation? I want a divorce or separation
- Do you both agree on the divorce and its terms (money, children, belongings)? No
Where you stand
- Be careful A contested divorce needs legal grounds and usually takes years — documents decide outcomes.
Papers to gather
- ID and address proof for both of you
Residence affects which court can hear the case. Where: Your records. - Your own income proof (salary slips, ITR, bank statements)
Maintenance considers both sides. Courts often require an affidavit of income and assets. Where: Employer, income-tax portal, bank. - Relevant messages and emails between you (complete threads)
May show agreements, demands or conduct. Where: Your own phone and email.
You may also need, depending on your answers
- Marriage certificate — Basic proof of the marriage.
- Other proof of the marriage (wedding photos, invitation card, ceremony receipts, joint documents) — Used when there is no certificate.
- Proof of the date you started living apart (rent agreement, letters, messages) — Separation periods can matter.
- Children's birth certificates, school and medical records — Needed for custody and support.
- Records of who takes care of the children day to day — Courts focus on the child's welfare.
- Lawfully held records of your spouse's income or assets — Supports a maintenance claim.
- List of monthly expenses with bills (rent, school, medical, household) — Maintenance is based on reasonable needs.
- List of stridhan, jewellery and gifts, with photos or bills — Supports a claim to return them.
- Property papers for jointly owned property and loan records — Needed to divide or protect property.
- All notices, complaints, court papers and orders received — Existing cases have deadlines.
What the law says
Grounds and procedure depend on the personal law or the Special Marriage Act that applies, and on where you live.
General information, not legal advice.
Saboot will also ask
- First: are you safe right now?
- How was the marriage performed or registered?
- Do you have a marriage certificate?
- Do you have children together?
Similar situations
- We both agree to divorce
- My spouse filed for divorce and I got a notice
- Spouse left years ago and doesn’t come back
- Muslim divorce — talaq or khula
- Christian divorce
- Inter-religion marriage under Special Marriage Act — divorce
- Living separately and want a legal separation
- Married less than a year and want out

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