What is the procedure to take mutual divorce?

516 votes

Both d parties husband and wife file a mutual petition befor concerned family court and d mutual divorce done in two part.
First at d time of filling and second after 6mnth from the first motion order dated.

LawRato LawRato

994 votes

you both have to file an petition under section 13(1)(B) in the court where your jurisdiction and after that the date will be given to you for the First Motion after that order will be passed if you don't make any issue. thereafter the six month you have to file an second motion same will be gone.

Advocate Sandeep Singh LawRato

754 votes

The procedure to file for divorce by mutual consent is quite straight forward. The process involves two motions which have to be filed six months apart. A memorandum of understanding needs to be drawn up which will set forth the terms of your divorce. This should set out the terms of custody, alimony and maintenance.

As stated above, two motions or petitions need to be filed. You will need to be present in court on both these dates. After the first one is filed you are given a cooling off period of six months during which you can reconsider your decision. After six months you may file your second motion which will grant you a decree of divorce.

LawRato LawRato