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How much time does mutual divorce take and what procedure?


12-Dec-2023 (In Divorce Law)
We are married for 4 years now. We wanted to know the procedure for mutual divorce and how much time does it take?
Answers (5)

Answer #1
68 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 place:-
•    Place where marriage had taken place
•    Place where husband and wife last resided together.
•    Place where 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:
 
•    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.

People also ask

How many hearings are there in mutual divorce in India?

Both the first and second hearings must be attended by the couple. When the court believes that either spouse or both cannot physically attend, the court can allow a camera proceeding.

Can divorce be granted immediately?

The section 13B allows for divorce by mutual consent. However, both provisions require that the parties wait between six and 18 months. 02-May-2023

What is the fastest way to get a mutual consent divorce in India?

Filing the Petition at the Family Court. ... Appearance in front of the Family Court Judge to file a first motion for divorce. ... Joint Declaration on Oath ... The First Motion Order is Passed. A 6 month time period is set for the Second motion. ... Second motion hearing and final decision.

Can we get divorce in 15 days?

Can we divorce in 15 Days? The new Indian divorce laws do not allow for a 15-day divorce. Even when a divorce is agreed upon by both parties, the waiting period required to be met is 6 months.

  

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Answer #2
675 votes
Under Section 13B of the Hindu Marriage Act (HMA), a mutual consent divorce can be sought by filing a joint petition before the family court provided both the parties to the marriage have been living separately for at least one year or more and have not been able to live together. The procedure and time taken for mutual divorce under Section 13B of the HMA typically involves the following steps:

Filing of the joint petition: Both parties must jointly file a petition before the family court stating their mutual consent to divorce. The petition should include the grounds for divorce and the terms of the settlement regarding issues like alimony, child custody, and property division.

Cooling-off period: After the filing of the joint petition, the court typically grants a mandatory waiting period of six months known as the "cooling-off period." During this period, the court encourages the parties to reconsider their decision and attempt reconciliation. The purpose of this waiting period is to provide an opportunity for the couple to reconsider their decision and explore the possibility of reconciliation.

Second motion: After the completion of the cooling-off period, both parties must appear before the court for the second motion. During this stage, the court reviews the joint statement made by the parties and verifies their mutual consent for divorce. If the court is satisfied that the consent is genuine, it may pass a decree of divorce.

In India, the time taken for a divorce by mutual consent under Section 13B of the HMA can vary depending on factors such as the court's workload, the availability of dates for hearings, and the efficiency of the legal process in your jurisdiction. Generally, it takes around 6 to 18 months to obtain a mutual consent divorce, including the mandatory cooling-off period.
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Answer #3
757 votes
It takes 6 months and two motions.

In first motion the lawyer will file a petition signed by both parties in court. Court will accept it. After this a second motion is filed after 6 months and divorce is final.

Your presence will be required for two hearings in court. It is a hassle free process.

Please contact for future course.

Answer #4
681 votes
Dear queriat.
Mutual divorce is the better form of divorce. It takes two appearances before the court . First appearance is the first motion when you appear and record your statememt that you are agreeing on to a mutual divorce due ti irreconciliable differences bw the both of u. Then you appear after 6 months for the second motion and the divorce is granted. You can stretch the divorce till 18mnths after which the court is not inclined to grant a divorce. Seek a lawyers advice in person. Regards
Answer #5
198 votes
How long does mutual divorce take in India? Mutual divorce can be completed within 6 to 18 month. Practically, however, it depends also on the number of cases at any given time, and the court in which you file your petition.
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