Procedure, formalities and time required for mutual divorce?
What is the process and time required for a Mutual Divorce? It's been 3 years of marriage and me and my wife are fed up of each other. What all formalities are required for the same and what all is included in the petition?
Assuming you both are Hindus, Mutual Divorce is recognized under Section 13B of the Hindu Marriage Act.
Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they 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 time of 6 months to the parties to resolve their dispute.
However, in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
You shall have to enter into a settlement agreement with your wife with respect to the distribution of assets, alimony/ Maintenance, custody of children (if there are any) etc.
The legal formalities are basically the Settlement Agreement and filing of the Petition. In this Petition you shall have to state the details about your marriage and the reason as to why you both wish to get divorced. You also need to attach the proof of marriage along with annexures.
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