Mutual Divorce is a Divorce when both the husband and wife agree to end their marriage. One should keep in check before filing the petition that a divorce by mutual consent can only be filed after first year of marriage.
Whether you are opting for a mutual consent divorce or contesting it, there are a few things about you should know. In this Blog, one will briefly and clearly understand, the basic documents are, steps required, cost, expected time needed for a mutual divorce.
The following describes what all things are needed in a categorical way:
When one can file for mutual consent divorce
The following things a husband and a wife should be aware before filing is that:
- Husband and wife have been staying separately for a period of one year.
- Husband and wife both have agreed for a mutual divorce.
- Husband and wife are unable to live together.
Section under which Mutual consent Divorce can be filed
- Section 13B of the Hindu Marriage Act, 1955 (Husband and wife are living separately for a minimum of 1 year).
- Section 28 of the Special Marriage Act, 1954.
- Section 10A of the Divorce Act, 1869 (Husband and wife are living separately for a minimum of 2 years)
Where the petition for mutual divorce is filed?
A Divorce by mutual consent can be filed in the family court of the area were
- The husband and wife got married.
- The husband and wife last resided.
- The husband is currently living.
- The wife is currently living.
Usual Documents required to file mutual consent divorce are as follows:
- Marriage Certificate.
- Address Proof.
- Details of professions (salary slips, appointment letter).
- Details of Income Tax statements (last 3 years).
- Information of family background.
- Details of property and assets.
- Current earnings.
- Marriage photographs (minimum four).
- Evidence of staying/living separately for more than a year.
- Evidence proving husband and wife have failed to reconcile i.e. there is no option of getting back together as husband and wife.
- Other documents which the court may seek depending on the case.
Steps involved in a Mutual consent Divorce
In Mutual Consent Divorce the petition is filed in two motions:
Step 1 – First motion is Jointly filing of divorce petition by both the parties.
Step 2 – Husband & Wife appear before the court to record statements after filing of the petition.
Step 3 – Court will examine the petition. Documents, record statements, try of reconciliation.
Step 4 – Court will pass an order.
Step 5 – Court generally grants six months period to the husband and wife to rethink about their decision.
Step 6 –Second Motion is filed within 18 months of the first motion by the parties.
Step 7 – Court will pass a Decree of divorce i.e., a final decision binding on both the parties.
Expected Time to deliver the Decree of Divorce
18-24 months is the usual time taken by the court to grant a decision on the mutual consent divorce. Also, divorce by mutual consent can be obtained within six months it completely depends upon the nature of case and the court.
Summary of the things that is required by a person to know about Mutual consent Divorce
- There are no specific grounds to file for divorce by mutual consent.
- Divorce by mutual consent is filed under Section 13B of the Hindu Marriage Act, 1955.
- Petition is filed jointly by both the husband and wife.
- Decision is taken on child custody, maintenance, property and other investments by the husband and wife.
- The husband and wife may have a common advocate for filing the petition or may have separate advocates.
- The average time taken to grant the decision on mutual divorce is about 18- 24 months.
Advantages of Divorce by Mutual Consent
- Husband and wife are out of unnecessary litigation process.
- The remedy of mutual consent is effective and quick.
- The litigation process is cost effective and hassle free.
- Husband and wife seek to a settlement.
- Husband and wife do not exploit themselves during litigation.
How Divorce Lawyer at the Law Office of G.S Bagga and Associates help you?
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the localassets, collect records, liabilities o that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
We are always happy and ready to assist you in your hard time.
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