Can someone please explain the concept of Divorce by mutual consent ?

519 votes

Hello Querist,

Divorce by mutual consent is a process applicable in the circumstances whereby both the parties should be consenting to get the divorce mutually, without contesting it.

The adjudicating judge, hears both parties' submissions and gives an opportunity to submit any settlement document that the parties are willing to submit in view of any settlement being sought by the parties for having a mutual divorce.

A 6 months period is given by the court to adjude if the parties would like to change their mind and not seek the divorce.

If after 6 months, the parties still want to go ahead & mutually, a decree is passed.

Advocate Ruchira Chaudhary LawRato

679 votes

Separation of 1 year is necessary for divorce by mutual consent u/s 13-B of Hindu Marriage Act. (Assuming you are Hindu and your marriage is registered under HMA). Procedure is to file a joint petition before concerned DJ. Divorce will be granted after second motion i.e. after 6 months from first date (first motion).

Advocate Shubham Gupta LawRato

933 votes

Hi,his is Adv Vikas Sangwan from Gurgaon. At east one year separation is accessory for filing a divorce petition by mutual consent. It is mandatory requirement to go to court for getting divorce by mutual consent.
Feel free to contact me for any further quarry.

Advocate Vikas Sangwan LawRato

517 votes

If both parties are agreed to want mutual divorce then a joint petition have to file in Distt. Judge, family court and recorded first motion on the same day and 2nd motion statement recorded after six month' date. Then mutual divorce can be granted

Advocate Om Parkash Saini LawRato

617 votes

Think again and again. You are taking the step which has no U turn after divorce.
Take services of a good advocate. He will prepare the petition U/S 13B of HMA with two affidavits of both of you. Proofs of your marriage, age, ID, residence etc. are required to be attached with petition.
After filing of petition you both are required to be present before the Judge for first motion and again after 6 months for final and second motion.
The advocate you will hire, will explain some other requirements, if any.

Advocate Arun Kumar Gupta LawRato