What Is Mutual Divorce?
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Mutual divorce refers to the situation where both parties agree to peacefully end their marriage. According to Section 13B of the Hindu Marriage Act, in order to obtain a mutual divorce, the husband and wife must have lived separately for at least one year, during which time they have come to the mutual understanding that their marriage has irretrievably broken down.
The process of obtaining a mutual divorce is usually quite straightforward, although it may not be granted immediately by the court. Following the filing of the divorce petition, the court may require the couple to attempt reconciliation for a period of up to six months before granting the divorce. In some cases, this period may be shortened, depending on the specific circumstances of the case. In situations where one party is living overseas, video-conferencing technology may be used to facilitate the divorce proceedings.
Divorce Procedure for Mutual Consent
How to File a Petition?
Our service will link you with lawyers who will prepare and file a petition in court. The petition will include a joint statement from both parties acknowledging that they are no longer able to continue living together due to irreconcilable differences. They will request the court to grant them a divorce.
What is Second Motion Petition?
Once the six-month period has elapsed, the couple must file a Second Motion Petition for Mutual Consent Divorce and appear in court again.
Divorce Decree
Upon hearing the statements of both the husband and wife, if the judge is convinced that all the legal requirements and grounds for divorce have been fulfilled, a mutual divorce decree is granted to the couple.
Documents Required for Mutual Divorce
What Is a Prenuptial Agreement?
It is essential to understand the significance of a prenuptial agreement. This agreement is a contract that is signed by both spouses before their marriage, and it governs the distribution of money and assets in the event of death, divorce, or separation.
In the case of divorce or separation, a prenuptial agreement protects both parties from the inconvenience of lengthy court proceedings and potential disputes over spousal support payments. This agreement ensures a smoother and faster resolution of such matters, thus saving both time and effort.
FAQs on Divorce With Mutual Consent
How long does it take to obtain a mutual divorce?
The time it takes to obtain a mutual divorce can vary depending on the specific circumstances of the case. Typically, it takes between six months to a year to complete the process, but it can take longer if there are any complications.
Is it necessary to hire a lawyer for a mutual divorce?
While it is possible to file for a mutual divorce without the help of a lawyer, it is advisable to hire one. A lawyer can guide you through the legal requirements and paperwork, and can represent you in court if needed.
What happens if one party changes their mind during the mutual divorce process?
If one party changes their mind during the mutual divorce process, the proceedings will come to a halt. Both parties must be in agreement for the divorce to be granted. If reconciliation is not possible, then the divorce process must be started over again.