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How can I file for divorce with mutual consent


28-Jun-2023 (In Divorce Law)
Husband and me have separated since last 3 years and decided on mutual consent Divorce. However due to objections from my in laws, he has been postponing the procedure since a long time. Is there any other way to file for divorce. We don't have children and no alimony is involved. We have settled our differences but don't want stay married to each other anymore. Kindly advice what can be done as I don't want to be held up like this forever.
Answers (5)

Answer #1
354 votes
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount, child custody, property division, etc., you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.

Petition for mutual consent divorce can be filed at any of the following places:-
 
•    Place where marriage had taken place
•    Place where husband and wife last resided together.
•    Place where the wife is residing at the time of filing of the petition.

As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:
 
•    have been living separately for a period of one year or more,
•    have not been able to live together and
•    have mutually agreed that the marriage should be dissolved.


The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
Answer #2
993 votes
Dear client if husband is not cooprating for mutual divorce then u have to file contested divorce against him on grounds like cruelty desertion as per yr case. First send legal notice through lawyer and ask him to cooprate for mutual divorce. If he will not cooprate u got the same then file contested divorce. For any legal help call me

Adv prasad patil

Pune
Answer #3
509 votes
Hey, talk to your husband about getting divorced and about future.. age is a big factor in life.. you don't have kids and you people don't get along so well, talk about getting divorced. Adv. Ashley Cusher
Answer #4
656 votes
Hi
If there is no settlement or outcome from family discussions, then approach social institutions for mediation.
If that also doesn't work then file a petition before the family court.
You can settle before the court, accordingly you both will be divorced.
Answer #5
908 votes
If both of you are mutually agreed to stay away from each other then u need to file case for divorce. After mediation technique if issue don't resolve then you can get divorce by mutual consent.
If both of you are mutually agreed to stay away from each other then u need to file case for divorce. After mediation technique if issue don't resolve then you can get divorce by mutual consent.
If both of you are mutually agreed to stay away from each other then u need to file case for divorce. After mediation technique if issue don't resolve then you can get divorce by mutual consent.

Divorce with Mutual Consent Service Package by LawRato gets you leading divorce lawyers to handle all the legal proceedings for you and hence you can have a peaceful separation!

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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