The Legal Procedure For Mutual Consent Divorce

Our experts ease out the tension surrounding the couple by making the process simple and hassle free for them. We also recommend that spouses shall first discuss with each other for future course of action.

Steps in Mutual Consent Divorce:

  1. Drafting of joint petition and approval
  2. Dispatch of documents
  3. Filing divorce petition
  4. Appearance of Parties
  5. Reconciliation
How Lead India helps in Mutual Consent Divorce?

Our consultant will discuss the issue over a 24X7 helpline “Samadhan”

Step 1

A detailed analysis of your case will be done by an experienced lawyer

Step 2

You will be able to track your case with a personal account

Step 3

What is Mutual Divorce?

Mutual Divorce is a legal process for the separation of a married couple in which both the partners are agreed to separate from each other.

Mutual understanding of both the partners is very important regarding the custody of the child, maintenance fees & settlement of property and assets.

Important Conditions Before Filing A Mutual Divorce

  1. Living Separately For At least 1 Year: Both the male & female partners must be living separately for at least 1 year. They have to prove themselves in the court that they are living separately & not using their marital rights for at least one year.
  2. No Adjustment Is Possible: They have tried all the ways to live together. But they have realized that they are unable to live together & no adjustment is possible.
  3. Approval Of Both The Partners: The approval of both partners is important for the separation of partners. Both the partners must be ready to separate from each other.

Necessary Issues Must Be Solved Among The Partners

  1. Custody Of Child: Both partners must discuss the guardianship of their child. They have to agree whether which partner will get the guardianship of the child. They don’t have any problem with this decision.
  2. Maintenance & Alimony Fees: The maintenance fee is paid by one partner to another to fulfill their daily & monthly expenses. They have discussed the maintenance & alimony fees and mutually agreed with each other.
  3. Settlement Of Assets & Property: Both the partners must discuss with each other the partition & ownership rights of the property.

List Of Important Documents For Mutual Divorce

  1. Address Proof - Both Husband & Wife Needs To Submit This
  2. Marriage Certificate
  3. Statement Of Income Tax Return
  4. Details Of Profession & Income Details
  5. Property & Asset Details
  6. Proof That They Are Living Separately For Atleast 1 Year

What Is The Procedure To File A Divorce?

1) Filing a petition

The couple needs to file a joint petition in the family court, the petition must state the reasons for separation and agreement on the matters of custody and property. The application requires to be signed by both husband and wife both.

2) Appearance in the court

The couple then needs to appear in the family court, after filing the petition for divorce. Court then decides the date for the hearing of the case.

3) Hearing of the case

When the date of hearing comes both husband and wife need to appear in the family court, and after examining the documents provided by the couple, the court records their statements and try to do one more attempt to solve their conflict, if there is no hope the court decides to start the divorce matter.

4) First motion

Following the hearing of both sides, the first motion is established and the time of 6 months is given to the couple before the second motion is filed. It is required to be filed within 18 months of the filing of the divorce petition.

5) Second motion

If the couple is not ready to live together even after the given time of 6 months. They should oblige for the second motion, in this motion court records the final declaration of the couple, so that the court can conclude the case.

6) Final statement

After deciding and hearing of the parties the court concludes to grant the divorce or not. If the court finds it suitable to provide divorce, the judge will order to dissolve the marriage.

What Are The Advantages Of Mutual Divorce

  1. Time-Saving: You can save a lot of time while filing a mutual consent divorce. It takes around 6-8 months for the mutual divorce of the partners.
  2. Less Stressful: Both of you have agreed to separate from each other & you have no issues related to child custody, property & maintenance fees.
  3. More Economical: You do not have to spend a lot of money on the mutual divorce process. As it is less time consuming & you do not have to spend more money to the lawyers.

Need Help?

Get assistance from our support team in finding the right lawyer

Frequently Asked Questions ( FAQs ) On Mutual Consent Divorce

Mutual Divorce Process For NRIs ( Non-Resident Indians ) - 

  1.  Filing A Petition - Both the partners can file the divorce petition in the court where they have last resided. Indian law provides the provision to file the divorce petition in India & the Foreign country also. All other processes are the same after this step.
  2. Appearance In court
  3. Hearing The Case
  4. First Motion 
  5. Second Motion 
  6. Final Judgment
Under Section 13(B) of the Hindu Marriage Act, 1955, there is a 6-month waiting time after the filing of the divorce petition. This time period after the filing of a divorce petition is called a cooling-off period.

As per the Supreme court, this cooling period is necessary for the partners that they will reconcile with each other & try all possible ways to live together. This time period helps them to take this decision with complete understanding & without any hurry.

In the case of mutual consent divorce, the alimony & maintenance fees are settled by the mutual understanding of the partners. It is the complete responsibility of both the partners to pay the maintenance fees for the expenses of the less-earning or unemployed partner. It is their responsibility regarding the payment of alimony & maintenance fees.

There are many laws for divorce in all the different Acts -

  1. Section 10A of the Divorce Act, 1869
  2. Section 13B of the Hindu Marriage Act, 1955
  3. Section 28 of the Special Marriage Act, 1954
  4. Dissolution Of Muslim Marriages Act, 1939

How Lead India Can Help You:

  1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
  2. Expert Advice - Sometimes both partners need expert advice before filing for mutual divorce. We have the most experienced & provide you with the best guidance before filing the mutual divorce petition.
  3. Zero Stress - The partners do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court.
  4. Top Quality Lawyers - Lead India will help you to choose among the best divorce lawyers for your mutual divorce. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating.
  5. Track Your Case - We provide you the opportunity to track your cases from the online dashboard. You can easily track your case status, payment status, etc.

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