Court fee, Lawyer fee and duration

925 votes

Either OCI or citizen , after filing divorce petition , cooling off period is provided which is generally of 6 months . Others proceeding could take place in 3-6 months so approx within a year u can complete divorce procedure via mutual consent . Court fee can be vary from few hundreds to rs 2000 . Nd about advocate charges , that go from 50 k to 80 k . Im associated with Nalsa so mine charges are 30 k .

Advocate Awantika Rao LawRato

510 votes

For a mutual consent divorce under Section 13B of the Hindu Marriage Act (or Special Marriage Act, depending on your solemnization), since you have been living separately for 8 years, the statutory 6-regarding cooling-off period can typically be waived by the Family Court upon filing an appropriate application. Court Fees & Expenses: Official court fees for filing a joint petition are minimal (nominal state court fees and process charges). Professional lawyer fees vary based on counsel expertise, typically ranging moderately for end-to-end documentation, first motion, waiver application, and second motion proceedings. Timeline: The entire mutual divorce process generally takes anywhere from a few weeks (if a waiver of the cooling-off period is granted) to 6 months if standard statutory intervals apply. Property Transfer: Regarding property transfer to your wife, it is strictly advisable not to execute or register any absolute gift deed or property settlement transfer beforehand. Instead, draft a comprehensive Memorandum of Understanding (MoU) or Settlement Agreement detailing the permanent alimony and property terms. The actual transfer of property title should be executed concurrently with or immediately after the recording of statements in the Second Motion, ensuring court decree security and reciprocal compliance.

Advocate Praveenkumar S LawRato

617 votes

• Time from Marriage: You must be married for at least one year. • Living Separately: You must live separately (not as husband and wife) for at least one year before filing. • Mutual Agreement: Both spouses must freely agree to separate and settle terms like alimony, child custody, and property division. • Applicable Laws: Governed by Section 13B of the Hindu Marriage Act, 1955 (for Hindus), Section 28 of the Special Marriage Act, 1955 (for inter-religious/inter-caste), or other community acts

Advocate Dhanalakshmi U LawRato