651+ Lawyers are online 
Mutual Divorce Procedure and time involved
23-Jan-2023 (In Divorce Law)
Please advice me on the procedure to be followed for filing mutual divorce in court as per Hindu marriage act. How many counseling will be done and what is claim of affidavit?
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount, child custody, property division, etc., you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.
Petition for mutual consent divorce can be filed at any of the following places:-
Petition for mutual consent divorce can be filed at any of the following places:-
• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where the wife is residing at the time of filing of the petition.
As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:
• have been living separately for a period of one year or more,
• have not been able to live together and
• have mutually agreed that the marriage should be dissolved.
• have not been able to live together and
• have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
Helpful?
174+
174+
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
Can mutual divorce be done without going to court?
It is not necessary to involve the court in a mutually agreed divorce. It is not necessary to follow through on any agreement for settlement or split custody.
How much time it takes for mutual divorce?
How long is a mutual separation? The length of a mutual divorce depends on many factors, including the number of cases in the court, the complexity of a case, and how efficient the legal process is. In India, mutual divorce can take anywhere between six months and 18 months.
How much does a lawyer charge for a mutual divorce in India?
A divorce lawyer in India usually charges between INR 10,000 and INR 50,000 for each hearing. This can be an expensive expense for many people. It is important to remember that a divorce attorney can help you save money over the long term.
What is the settlement amount for a mutual divorce?
The Supreme Court has set the threshold for alimony at 25% of a former partner's income. The Supreme Court also ruled that a former spouse should receive 25% the net income of their ex-partner in order to lead a dignified and happy life.
Once the Mutual Consent Petition has been filed it is followed by counselling by marriage counsellor and verified by Judge ,a date six months hence is given when if still both of you agree for the Divorce and consent terms if any has been complied with ,Divorce is granted.Counselling takes place twice first and last date.Claim Affidavit is written evidence in lieu of oral that both of you are agreeing for mutual consent divorce.
Helpful?
25+
25+
Adv. Shalini Devi
Mumbai | 400+ Answers
CONTACT NOW
Hello...
As per your query,mutual divorce means,when husband and wife are mutually ready to take divorce or wanted to be seperate.For mutual divorce, there are one or two counselling before the councellor in the family court ,and within the six to seven months ,there is order of mutual divorce.But there is fifteen months compulsory seperation.
As per your query,mutual divorce means,when husband and wife are mutually ready to take divorce or wanted to be seperate.For mutual divorce, there are one or two counselling before the councellor in the family court ,and within the six to seven months ,there is order of mutual divorce.But there is fifteen months compulsory seperation.
Helpful?
49+
49+
Adv. Surekha Gondhale
Pune | 25+ Answers
CONTACT NOW
Dear client when both husband and wife r ready for divorce then they can file mutual divorce. One year separation is compulsory for filling mutual mutual divorce. On filing date counselling start and generally counselling will happen in two times. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
Helpful?
48+
48+
Dear client,
As per sec 13B both the parties can file petition for divorce. Thereafter the parties shall be sent for counseling and then the Court shall grant 6 months date . On the said date parties should file their respective affidavits and then decree is passed .
As per sec 13B both the parties can file petition for divorce. Thereafter the parties shall be sent for counseling and then the Court shall grant 6 months date . On the said date parties should file their respective affidavits and then decree is passed .
Helpful?
47+
47+
Adv. Chaitanya Torgal
Mumbai | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
