What Is Mutual Divorce?
Mutual divorce is when both parties agree to end their marriage amicably. According to Section 13B of the Hindu Marriage Act, to obtain a mutual divorce, the husband and wife must have been living separately for at least one year and have mutually agreed that their marriage is irretrievably broken.
The process of obtaining a mutual divorce is generally straightforward, but the court may not grant it immediately. After filing the divorce petition, the court may require the couple to attempt reconciliation for up to six months before granting the divorce. Depending on the circumstances of the case, this period may be shortened. If one party is residing overseas, video-conferencing technology may be used to facilitate the divorce proceedings.
Divorce Procedure for Mutual Consent
How to File a Petition?
Our service connects you with lawyers who can assist you in preparing and submitting a divorce petition to the court. The petition will include a joint statement from both parties acknowledging that they cannot continue living together due to irreconcilable differences and requesting the court to grant them a divorce.
What is Second Motion Petition?
Once the six-month period has elapsed, the couple needs to file a Second Motion Petition for Mutual Consent Divorce and attend another court hearing.
Divorce Decree
If, after hearing from both the husband and wife, the judge is convinced that all legal requirements and grounds for divorce have been fulfilled, then the couple will be granted a mutual divorce decree.
Documents Required for Mutual Divorce
What Is a Prenuptial Agreement?
Recognizing the significance of a prenuptial agreement is crucial. It is a legally binding contract signed by both partners before marriage that outlines the distribution of money and assets in case of divorce, separation, or death.
A prenuptial agreement provides protection to both partners in case of a divorce or separation. It can help prevent prolonged court proceedings and potential conflicts over spousal support payments. With a prenuptial agreement, the resolution of such matters can be quicker and more straightforward, saving time and effort for both parties involved.
FAQs on Divorce With Mutual Consent
What is the process for obtaining mutual divorce, and how long does it usually take?
The process for obtaining mutual divorce involves the couple mutually agreeing to end their marriage and resolving issues such as property division, child custody, and spousal support. After filing a joint petition for mutual divorce, the couple must wait for a minimum period of six months before the final hearing. The court will verify if the couple has indeed irretrievably broken down their marriage, and if satisfied, will grant the mutual divorce decree. The entire process can take anywhere between six months to a year.
What are the legal grounds for mutual divorce, and what issues need to be resolved by the couple?
The legal grounds for mutual divorce vary depending on the jurisdiction. However, generally, mutual consent divorce can be granted if both parties agree to end their marriage and have been living separately for a specific period. The issues that need to be resolved by the couple include property division, child custody, and spousal support.
Can both parties hire the same lawyer to represent them in a mutual divorce case?
While it is not mandatory for both parties to hire separate lawyers, it is highly recommended. A lawyer is bound by a duty to protect the interests of their client, and it may not be possible to protect the interests of both parties simultaneously. However, if both parties agree to hire the same lawyer to represent them in a mutual divorce case, it is possible as long as there is no conflict of interest between the parties.