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Me and my husband want to get separated mutually what to do


20-Mar-2023 (In Divorce Law)
how to file the divorce and how to get along with it
Answers (6)

Answer #1
130 votes
Assuming you both are Hindus you can apply for a Mutual Divorce and which 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 a time of 6 months 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 filed also called first motion and after six months, which is referred as second motion. 

After this process is complete, Judge is satisfied with the consent of both for divorce all issues like custody of the 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 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.
Answer #2
878 votes
For that you have to prepare one mutual agreement which is caled memorandum of settlement then you can file the same alongwrih ur application for divorce beofre the court concern and then you can obtian a decree of divorce
Answer #3
941 votes
For mutual divorce both the parties can file a joint application with affidavits and proof of marriage in the concerned jurisdiction as per the Marriage Act under which they had got married. After filing this joint application they will be called twice before the family court with a gap of six months and then the court shall pass a decree of divorce.
Answer #4
567 votes
hello
you have not mentioned about your religion whether you are hindu or muslim ? you have not mentioned about the year of marriage?
you have to file an application for divorce under hindu marriage act 1955 on ground of mutual consent through your lawyer. kindly contact me for any other help to proceed furture.
Answer #5
772 votes
You can file a divorce by mutual consent petition under Section 13 of the Hindu Marriage Act. The process for getting a divorce by mutual consent is a fairly simple one. On the first date of hearing (First Motion), statements of both the parties are recorded. The next date is given after a minimum of six months. On the second date (Second Motion), a decree pf divorce is passed. However, the same is contingent on certain factors, which will be explained to you in due process.

I have previous experience in divorce matters.
Answer #6
650 votes
If you and your husband wants to divorce amicably then you or your husband (any one) filled mutual consent divorce petition in your jurisdiction family court . This is simple and easeast and legally valid divorce.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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