Can legal divorce be obtained in 3 months

805 votes

If your have proper evidence to prove that your daughter in law is unfit as wife and mother,you can file the divorce petition even before one year of marriage. You did not mentioned much details of her health condition.

Advocate Murali Mohan Rao LawRato

780 votes

If you want divorce you have to wait for 7 months which is a mandatory period to obtain divorce. Hence I suggest you to file the case by mutual consent. Just the marriage was celebrated on Dec 2016 but you have to wait for few more months to file the same.

Advocate Dwara Pallavi LawRato

932 votes

Dear Client,
Marriages will be celebrated as per customary rights, but separation will have to be made by courts only. To avoid future problems your son must obtain Divorce only through legal process. Is there any urgency for divorce. Your son must wait for at least one year statutory period of separation i.e., till December 2017. Your son must file a petition for grant of divorce in a family court that has jurisdiction. Along with Divorce Petition another application for dispensing with period of six months for grant of divorce on the ground of mutual consent must be filed. After going through the contents of the application if courts feel that there is urgency in disposing of the petition courts will grant divorce immediately. Take expert legal advise by engaging an expert advocate who has been practicing in family cases.

Advocate Sistla Rama Krishna LawRato

524 votes

Hi,

if the marriage has not been registered at a Registrar office of marriages, then out of court settlement should be fine.
However if the marriage is registered at Registrar office, then you have to compulsorily approach the court.
In the event of you approaching the courts, Unfortunately for even mutual consent divorce, both the parties have to necessarily wait for 6 months for getting a court decree.

In general a divorce petition can only be filed after 12 months from the date of marriage. However If both the parties can convince the judge that the Divorce is in the interests of both the parties, then the courts might waive the waiting period of 12 months and admit the mutual consent petition and grant divorce thereafter after 6 months from date of divorce.

Advocate Rajagopalan LawRato

504 votes

Hello,

Your son needs to obtain divorce from the concerned family court only as out of court settlements between parties may pose problems in future as only the dissolution of marriage decree granted by the family court is valid and nothing else. However, to be granted divorce, your son needs to complete one year of marriage. As both the parties are ready for settlement, your son and your daughter-in-law can file a joint petition for mutual consent divorce in the jurisdictional family court after completion of one year i.e., after Dec 2017.

Advocate B. Srikiran LawRato