What Is The Process For Mutual Divorce In India?

  • What Is The Process For Mutual Divorce In India?

    Date : 29-03-2019 16:26

    Marriage is considered as the coming together of people however it also formulates into a binding legal contract. Under the contract of marriage, it becomes a process by which two individuals obligate themselves to be partners for life.

    Divorce by mutual consent is a simple way to dissolve a marriage legally. Mutual consent is generally defined as both the spouses agreeing for peaceful parting. The major prerequisite for the divorce is mutual consent of both husband and wife. If any of the spouses don’t give their consent they cannot be granted the divorce under mutual consent.
    While getting mutual consent divorce husband and wife should reach consensus on alimony or maintenance issues and child custody. According to law, there is no specific limit related to maintenance. It depends on the financial status of both husband and wife and other aspects. Child custody can be worked out effectively between husband and wife by sharing the responsibility between themselves or one spouse looking after the children depending upon the circumstances.
    If the husband and wife have been living separately for a period of one year or more and are further unable to live together, and both have mutually agreed that the marriage has totally collapsed, they can be granted the divorce.
    The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
    After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

    When can it be filed?

    The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.
    They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

    How long?

    The average timeline of 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 the particular case. No set time can be stated as each case is different and independent of the other. Keeping that in mind, however, mutual divorce has been seen to be the least time taking as compared to other procedures of divorce. 

    Where to file the Divorce case?

    Lawtendo provides you with the best Divorce lawyers and dedicated team of professionals to help you through your entire process of divorce.

    Who can help you with this?
    Lawtendo offers 10,000 lawyers in their network base spread over 60+ cities, Lawtendo is one of the growing and leading platforms of help and legal solutions. You can consult the lawyer online and also ask legal advice online. Lawtendo lets you find the lawyer anywhere in India online.
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