How long does it take for a mutual divorce case to finalise

Me and my husband want to file for a mutual consent divorce. What is the process and how much time does it take to finalise?

Answers (1)

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Mutual consent divorce(MCD) is covered under Section 13B of the Hindu Marriage Act.You and your spouse have to show that both of you are separated for more than 1year, in order to be eligible to file for a mutual consent divorce.MCD is the quickest and the most hassle free way to get a divorce at it takes around 6-8 months to finalise.

For a mutual consent divorce, you will have to file the MCD petition enclosing your identity proof, proof of marriage and two photographs. In the said petition you should clearly mention the terms if any, i.e. alimony amount, child custody, division of property etc and then file the divorce petition in the appropriate district family court.

The Court shall then record the joint statement both the Parties i.e you and your husband and pass a First Motion Order giving a time of 6 months to the parties to resolve their dispute, however in case you and your spouse are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce.

So, therefore, divorce by mutual consent takes about 6-7 months.Post completion of 6 months, on the day of 2nd motion, the Judge will ask both the parties whether still, they want to divorce or not and being confirmed he will pronounce the decree of divorce.

The certified copy of the said decree of divorce shall have to be collected after few days when it is signed.

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