How to get divorce when both party are ready for it

443 votes

Assuming you are both  Hindus you can apply a divorce under  Mutual Divorce and it is recognized under Section 13B of the Hindu Marriage Act.



Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they 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 time of 6 month to the parties to resolve their dispute, however in case the parties 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.



The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filled also called first motion and after six months, which is referred as second motion. 



After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted. 



You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify child custody, the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.

LawRato LawRato

501 votes

When both parties are ready, then they should opt for Divorce By Mutual Consent under Section 13B of the Hindu Marriage Act, 1955, by filing a petition under the same section before the Family Court.

You can finally get decree of divorce within 6-7 months of filing the petition for getting divorce my mutual consent. Means, you both can legally separate within 6-7 months.

If your husband is ready that your children stay with you, then just make separate mutual written agreement for settling other matters and include the point from your husband that your husband has no objection about children staying with you.

Advocate Sandeep Naik LawRato

510 votes

You both can apply under section 13 B for divorce by mutual consent. In condition of consent you can write that you both agree that both the children will remain with you. It takes 6 months . You will have to approach Family Court of your area and will have to file an application for divorce by mutual consent.

Advocate Sameer Kumar Shrivastava LawRato

728 votes

Question: what is all process of divorce when both parties are ready.what time the whole procedure take and in how much time we can separate. We hv two childs and what will happen to them. I want them to stay wid me and my husband is also ready for it.

Advise:

you and your spouse need to file a divorce petition by mutual consent in family court. it will take 6 months to get a decree of divorce without any allegation on each other.

regarding children, as you both have already decided regarding children will remain with you, a separate petition for custody of children will have to be filed in court. It will take only 2-3 months and they will remain with you as per court's order.

We do such type of cases. you both may meet us.

Raghvendra Singh Raghuvanshi
Advocate -High Court of MP, Indore
315, City Centre, Opp. High Court, MG Road, Indore
Partner-Raghuvanshi Vaidya & Partners (Law Firm)

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