Divorce is never a simple matter both emotionally and legally. Nonetheless, in a case where the two partners can agree that a separation is the right path to take the law offers a peaceful and uncomplicated process of parting through mutual divorce. In India, the mutual divorce procedure enables couples to end their marriage mutually under the Hindu marriage act divorce procedure without having to subject themselves to unwarranted quarrels and prolonged legal battles.
The blog discusses the meaning of mutual consent divorce in India, a step by step process, the required documents and how a mutual divorce lawyer can simplify the process in the country.
Understanding Mutual divorce in India
Mutual consent divorce in India refers to a legal process by which both the spouses to the marriage come into a mutual agreement to dissolve their marriage. Hindus, Buddhists, Sikhs, and Jains are guided by Section 13B of Hindu marriage Act, 1955 in this kind of divorce.
The most important aspect of mutual divorce is that the husband and the wife must willingly come to the agreement that the marriage has failed and there is no hope of being reconciled. It is among the most constructive and amicable means of breaking up without accusing each other or spending a long time arguing.
In comparison with a contested divorce where one party is against the other, the mutual divorce process is aimed at agreement and cooperation between the two spouses in the context of the issues of alimony, child custody, and property division.
Eligibility for Mutual Divorce
The following conditions have to be fulfilled before mutually divorce process in India is launched:
- Marriage Duration: The couple should be married one year and above.
- Mutual Consent: Both the partners have to agree on the voluntary termination of marriage.
- Separation Period: The married persons must have lived apart one year prior to filing.
- No Coercion: The consent must be not coerced by force, fraud or undue influence.
Mutual divorce lawyer not only makes sure that all these legal requirements are met but also makes sure that the documents are prepared properly.
Mutual Divorce Process step-by-step
Let us step by step divide the mutual divorce process India into simple steps that people can easily follow.
Step 1: Recruiting a Mutual Divorce Lawyer
Hiring a good mutual divorce lawyer with the necessary experience and knowledge of the legal processes, and who can be professionally engaged to represent both parties, is the first step. The attorney assists in preparing the divorce form, attaching the necessary paperwork, and going through every hearing.
An excellent mutual divorce attorney can also help in the writing of the terms of the divorce settlement: whether alimony, maintenance, child custody and property division, and make both couples content.
Step 2: Filing Discovery of First Motion Petition
The mutual consent petition of divorce in India is jointly introduced by the two husband and wife in the relevant family court according to section 13B(1) of Hindu marriage act.
This petition mentions:
- The duration of marriage
- The motive behind divorce.
- Details of any children
- Indian terms of divorce settlement.
After filing, both the spouses should appear in court and consent is to be registered. This is the beginning of the Hindu marriage act process of divorce.
Step 3: Cooling-Off Period
Six months cooling off period is granted by the court after filing the first motion. It is a period when couples have time to rethink their choice, and strive to reconcile, assuming that such a solution is possible.
But in real life scenarios where the divorce is irretrievable, the court can forego this time. The waiving can be requested by your joint divorce attorney on the grounds that all attempts to revive the marriage failed.
Step 4: Filing the Second Motion
After the cooling-off period is over or waived, either of the spouses may make the second motion under Section 13B (2). This movement proves that the two parties do not disagree with the divorce and that all the situations are resolved amicably.
At this point, the two partners are required to appear in the court in person where they ought to confirm their consent to the judge.
Step 5: Final Decree of Divorce
Provided that the court is convinced that the consent is not forced and the process of mutual divorce was carried out correctly, it issues a decree of divorce. This order permanently separates the marriage.
The decree is the final step of joint divorce process India, in which both parties could continue with life separately and harmoniously.
Document Required for Mutual Divorce
The following are some of the documents normally needed to get a mutual divorce done in India:
- Marriage certificate
- Discuss evidence of husband and wife.
- Both parties have passport-size photos.
- Evidence of separation (rental contract, communication, etc.)
- Income and property details (the divorce settlement India is required)
- Details of children, if any
- Consent mutual divorce.
Mutual divorce attorney ensures that all the documents are well arranged and returned to prevent procrastination.
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Time Frame and Cost Involved
The mutual divorce procedure in India usually consumes 6 to 12 months based on whether it includes the cooling-off period or not. This is different according to the city and the settlement terms.
By employing a reputable mutual divorce attorney, you can simplify the process and reduce legal inconvenience, and you will have a just and seamless divorce process in India.
Benefits of Divorce by mutual consent
- Easier solution: Mutual divorce is significantly quicker than contested divorce.
- Less Stressful: Cuts down on emotional and monetary stress.
- Protecting of privacy: Less confrontational and confidential proceedings.
- Settlement Control: They are both agreed upon by the spouses.
- Reduced Legal Expenses: Reduced number of hearings and reduced paper work.
Through the assistance of a competent mutual divorce attorney, couples will be able to separate their marriage in a respectable and effective manner.
Conclusion
Mutual divorce can provide a dignified and cooperative way of destroying a marriage when the couple mutually agrees that separation is the most appropriate option. Using the Hindu marriage act divorce procedure, couples are able to keep matters within the law but still not get into unnecessary conflicts.
In India, a mutual divorce attorney is essential in helping both sides to go through the documentation, negotiation, and representation process, to facilitate a smooth divorce settlement.
To engage the services of professional mutual consent divorce lawyer in India, contact the Lawyers for mutual divorce at LawChef today. LawChef will assist you in legal work so as to ensure a smooth and stress free process of mutual divorce in India.
