How much time does mutual divorce take and what procedure?


We are married for 4 years now. We wanted to know the procedure for mutual divorce and how much time does it take?

Answer

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.


Answers (2)

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.

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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

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