When you think about filing for Mutual divorce in India, the first thing that tends to come to mind is a long process, long discussions, lots of divorce papers and hassle.
If you are considering an uncontested Mutual divorce you are already going through a difficult period, and the last thing you need is to prolong this even further.
What is divorce by mutual consent?
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation
Divorce is a difficult decision for both husband and wife. If you have decided to separate, we can help make the whole process as painless and as swift as possible.
Service package includes:
- Telephonic consultation and counselling
- Consultation and counselling at lawyer's office
- Mutual Consent Divorce petition drafting
- 1st Motion filing of Mutual Consent Divorce petition
- 2nd Motion filing of Mutual Consent Divorce petition
- All Mutual Consent Divorce related paperwork and miscellaneous charges
- Obtaining Divorce Decree from the court
Can NRIs file divorce case abroad?
Yes, if a Non-Resident Indian (NRI) married in India wants a divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country. It says that a petition can be filed within the jurisdiction of the courts of which the parties to the marriage last resided.
DOCUMENTS REQUIRED FOR MUTUAL CONSENT DIVORCE
When husband and wife are ready for divorce, then it leads to Mutual Consent Divorce which is the simplest and easiest way to get Divorce.
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Under Indian law, marriages can be annulled through a court driven process if both the parties consent to separate in a mutual manner. Such mutual divorces are typically faster and fairer than conventional divorces. Having said that, it is better if both the parties agree on the terms of separation such as alimony, maintenance and child custody prior to initiating the process. While both the parties can indeed hire a common lawyer, it is recommended that separate lawyers are hired to ensure unbiased advice
It is important to determine the Court where both the parties will need to file for mutual divorce. Your expert lawyer will be able to help you determine this based on:
where the marriage took place;
where the couple in question used to reside together; or
in case the partners reside separately, where the other spouse is residing.
Once this is decided, a petition for mutual divorce will need to be filed along with other supporting documents. Your expert lawyer together with us will be able to guide you through this process.
We understand that a divorce can be both emotionally and financially straining. At legalcops, we adopt a unique new approach towards helping couples separate. We understand the pain of separating, and offer a faster, fairer and fixed-price service through specialized lawyers, focused on a better outcome for you and your family. With no hidden charges and service quality guarantee* , our mission is to make the process painless.
A petition for mutual divorce can only be filed after a separation of at least one year post marriage owing to any reason whatsoever unless the separation itself is challenged. Typically, however, the separation period is not challenged as in a mutual divorce both parties have themselves agreed to separate in a mutual manner.
Once the petition for mutual divorce has been filed, both the parties will need to appear in person before the concerned Court in order to complete the formality of having their statements recorded. This is only an official requirement and is followed by a Court directed mandatory 6 months cooling-off period wherein the couple may wish to reconcile or reconsider their decision. After the expiry of this period or within 18 months, both the parties will need to reappear before the Court in order to reiterate their decision. Post this, depending on whether the Court is convinced or not, the decree for mutual divorce is granted.
NRIs/Non Indian couples who got married in India can also avail of the mutual divorce route to separate. At Legalcops, our trained support staff will be more than happy to guide you through the process and related requirements.
Absolute NO. The notary in India is under no power to grant mutual divorce under any provision of law. If someone says so, beware. It’s a sham. Marriages governed under Hindu law i.e. Hindu Marriage Act, 1955 provides provision for Mutual Divorce under section- 13-B through court proceedings only. A valid decree of divorce granted by family court of the appropriate jurisdiction is the only way to end a marriage legally in India under Hindu Marriage laws.
Yes. However, in certain cases depending on the discretion of the Court in camera proceedings may be allowed provided the Court is convinced that attendance of a party is not possible by any means whatsoever.
Typically, Mutual Divorce is the faster, fairer and affordable way of getting divorce in India. It can take anywhere between 6 to 18 months for the entire process to be completed. At legalcops, our mission is to provide you with end-to-end support throughout this process.
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