- Lawyer Mr. Shaman Jain
- Skills Mutual Consent Divorce
- CATEGORY Family Law
ABOUT THIS PRACTICE
As the name suggests ,a mutual divorce takes place when both husband and wife want to get separated peacefully. As per section 13B of the Hindu Marriage Act for a mutual divorce the husband and wife must be staying separately for a minimum of 1 year indicating that they cannot live together anymore and have mutually agreed that their marriage has fallen apart completely.
A Divorce with Mutual Consent is a comparatively faster process in court , since it is obtained with pure intention of seeking divorce mutually, it ultimately benefits the parties to a great extent,however, divorce may not be given immediately . After filing for divorce, the court may offer 6 months of reconciliation period to the couple so that they can revive their marriage. However, this period may get reduced based on the situations . In case of either of the parties being out of country the proceedings may be completed via video-conferencing .
- Personal details and information about the family.
- Proof of marriage like the Marriage Certificate, photographs or marriage card.
- Passport size photographs of both the parties
- Joint statement of both parties
- Copy of any mutually agreed agreement between the parties with regard to in custody of child or the issue of permanent alimony/maintenance should also be placed in court case.
- Couple who is married for at least a year can mutually file a petition for divorce. In case of a joint petition both husband and wife can hire a common divorce lawyer who can file the petition for both and represent the interests of both husband and wife.
- The couple can file a joint statement regarding the decision of alimony, custody of children and division of property after the divorce petition is allowed by the court.
- The court orders for a reconciliation period of 6 months and asks the couple to reconsider their decision.
- After the cooling-off period is over or an application for waving off the cooling of period is filed ,the Second Motion is filed and recording of final statement is done.
- The court awards mutual divorce to the couple.