do we need to wait for 6 months for divorce we are already separated

Hi, pls clarify the below doubt.We started staying separately after 5th month of our marriage(bcoz he harrased me,i didnt complaint as it is love marriage).for sep end 2015 it completes 1 year.I am in dylomo If I give chance will this type of people change or If I apply for divorce in ending of seo 2015 ,again I should wait for 6 months or immediately we will get divorce as we already startedliving away from one year.please clarify all above and suggest me. Thank u

Answers (2)

51 votes

If you file a mutual divorce then you need to compulsorily wait for 6 months as per act. living separately for about 1 year is not a ground for waiver of 6 months waiting period. further as per act, completion of 1 year from the date of marriage is also mandatory to file a mutual divorce.

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172 votes

In order for you to eligible to apply for divorce on any ground a separation of 1 year is compulsory. If you have been staying separately for 5 months now, then you become eligible to apply for divorce after 7 months, if the divorce is sought under mutual consent (both parties agreeing) then, from the date of filing the petition you will have to wait for another 6 months to get the divorce.
On any other grounds if you want a divorce it may take atleast 1 to 2 years from the date of filing of the petition by you or your husband as the case may be.

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