Date : 03 Aug, 2019
Post By Sankul Nagpal
Marriage is a sacred union between two people. It is also a social institution that legitimizes an offspring and legally binds two individuals as each other’s wedded partners.
But unfortunately, not every marriage turns out to be good and here comes the role of divorce. Divorce is the dissolution of the union between the two people. In other words it is a legal way to call off a marriage.
There are different grounds by which a divorce can be carried out. One of them is a divorce by mutual consent.
What is divorce by mutual consent?
Divorce by mutual consent is the simplest way to dissolve a marriage legally. Mutual consent is generally defined as a scenario where both the spouses mutually agree to a divorce. If any of the spouses does not give their consent, a divorce by mutual consent cannot be initiated.
While getting a mutual consent divorce, both husband and the wife should reach consensus as to what the alimony will be and also on the issues of maintenance and child custody.
Thus if for any reason the husband and wife mutually agree that the marriage has totally collapsed they can be granted divorce.
When can a divorce by mutual consent be filed?
The parties intending to dissolve their marriage are required to wait for at least one year from the date of marriage to do so.
In cases where they have been living separately for a period of one year or more before the presentation their petition, it is necessary to show that during this period they have not been able to live together as husband and wife.
What is the procedure for getting a divorce by mutual consent?
1.The divorce petition is in the form of an affidavit, which has to be submitted before a family court.
2.After the filing of the petition and recording of statement by both parties, the court generally adjourns the matter for a period of 6 months. This period is also known as cooling period where the parties may rethink their decision.
3.After six months, the parties have to present themselves again in the court for making a second motion that confirms the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
How long does it take to take a divorce under mutual consent?
The average timeline for the entire process, from the date of filing till getting the divorce decree can be around six months to two years. However, it can take longer, depending upon the nature of a particular case. No set time can be stated as each case is different and independent of the other. However, mutual divorce is known to be the least time consuming.
How can you file a divorce under mutual consent?
With Lawtendo you can choose from over 15,000+ lawyers in our network base spread over 60+ cities , who can advise and assist you through the process of divorce by mutual consent, with peace of mind and high success rate.