Is one year of separation necessary for mutual divorce


I am married for 10yrs with one child of 6yrs age. I want to go for mutual divorce. May i start the procedure now or there is a need of 1 yr separatio to start the procedure? Please help.

Answers (5)


140 votes

Hi if you both are agree on point of mutual divorce than it is not necessary to live separate. you both can say that you both are living separately for more than 1 year. the advocate will do the rest. only discuss and decide about terms and condition


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328 votes

Yes mam you can approach Family Court to file mutual consent divorce under section 13 i B of Hindu Marriage Act before filing you have finalised issue regarding custody of ur child i e consent term you can start the procedure anytime
Regards
Adv Krupa Sawant

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192 votes

Hello sir ,
As per law for filing mutual divorce ur marriage period should be one year completion .., in.ur case u completed ur marriage is 10 yrs ..so u can go for mutual petition.... By filing mutual divorce petition in family Court

283 votes

Dear client if u both husband and wife r ready for divorce then can file mutual divorce. One year separation is compulsory. U can show one year separation to the court and file divorce. For any legal help call me

Adv Prasad Patil
Pune

194 votes

If you both are Hindus and marriage according to Hindu Marriage Act or registered under Special Marriage Act then one year separation mandatory and if christians and married in church then two years separation. By separation it is not mandatory both staying separately even under the same roof but no conjugal relations is separation. Both have to consent for a mutual consent divorce.

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