Procedure for divorce by mutual consent

791 votes

In mutual divorce a joint petition is prepared stating the facts when the marriage took place and from when the husband wife are living seperately and similarly a brief reason in general that why they are not living together like differences etc--no personal facts are disclosed. On the date the first motion both husband and wife need to sign in court the joint petition and then get a six months future date and once they present and sign on second date the decree of divorce is granted. Alimony is not granted by court in mutual divorce its mutual as you and your wife decide. Minimum time is six months. The divorce decree in mutual consent is not challengeable. If the point regarding no future claims is added in the petition that will prevent any future claims by any party.
A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. On the day of the 1st motion the court may ask several questions and try to counsel you to reconcile but if you have differences which cannot be settled through intervention of the court then inevitably the court will grant a divorce in six months.

But one needs a competent lawyer to handle the entire process as there are certain legal and technical requirements , procedures and verifications. Please feel free to contact for further legal assistance.

Advocate Ayantika Mondal LawRato

578 votes

Marriage counselling is not offered by the Court. However you can avail assistance for counselling for how to end the relationship, financial and other responsibilities. After filing of the Petition for Divorce by Mutual Consent, a court date is set. On that date, you can request the Court to refer the case to the Mediation Center. At the Mediation Center with the assistance of your Advocate and the impartial Mediator (appointed by the Mediation Center), you can seek counselling with regard to division of properties, maintenance, child custody, alimony, joint bank accounts etc.

LawRato LawRato

544 votes

I am basically from Bangalore so i can tell you the procedure that is followed here.
On filing the mutual consent petition both the parties are required to be present. Thereafter a date will be allotted. On the said date both the parties have to be present and the matter will be referred to mediation. the Terms of settlement will be prepared by the mediator, which will be signed by both the parties. Thereafter the file will be sent back to the Court and matter will be taken up. Both the parties will be asked if they are agreeable to the terms enumerated in the Settlement Deed and if they wish to part ways. Thereupon the Court will proceed to pass orders.

The judgement and decree copy will be ready in a month's time.

LawRato LawRato

589 votes

Yes even for mutual Counselling and other procedure would be carried but instead of long procedure it can be made short procedure ,hence both party can be available and make it happen ,you may consult our office or any other good lawyer to handle this..OFC : Adv Pankaj Kumar ...

LawRato LawRato

875 votes

Yes, when you file a mutual consent divorce petition, after the expiry of mandatory period of 6 months, you need to appear before the court. During that time the Judge will seek your opinion for counselling to ascertain whether you go for a divorce or wish to join.

Advocate Jagadish N LawRato