Mutual consent and divorce from my wife. Daily domestic violence

Question

Mutual consent and divorce from my wife. Daily domestic violence

17-Mar-2026 (In Divorce Law)

Hi legal team, My marriage is more than 11 years and i have 2 kids. Myself and my wife doesn’t have great equation among each other and we frequently fight over homely issues. She is very aggressive and becomes violent very easily. I am planning or asking her for mutual divorce. Please share me the process and steps. Also who will have kids ownership post divorce? Regards Harpreet Singh

Answers (5)

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Adv. Spiti Sarkar Adv. Spiti Sarkar

Greater Noida | 700+ Answers

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Advocate Nitanshu Sharma LawRato · Accepted Answer · 2026-03-17T10:15:24+05:30

Answer #2

For mutual divorce, first we need to file the petition with both parties signature then first motion is passed. Six month period is given to both the parties for reconciliation after if both parties still agreed to there decision of mutual divorce then second motion is passed with both the parties presence in court.

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Adv. Nitanshu Sharma Adv. Nitanshu Sharma

Noida | 50+ Answers

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Advocate Priya Singh LawRato · Accepted Answer · 2026-03-17T12:22:52+05:30

Answer #3

Process: Both parties jointly file a petition in the Family Court. First Motion is recorded (statements of both spouses). A cooling-off period of 6 months is generally given (can be waived by the court in some cases). Second Motion is filed after this period. Court grants divorce decree if consent continues. You must mutually decide: Child custody and visitation rights Maintenance/alimony (for wife and children) Division of assets/property

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Adv. Priya Singh Adv. Priya Singh

Lucknow | 25+ Answers

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Advocate Amit Pandey LawRato · Accepted Answer · 2026-03-17T15:59:15+05:30

Answer #4

if you both are wishing for mutual divorce then you have to file the joint petition before the family court of your area and disjoint petition will call first motion of divorce and their after 6 month you both have to again file the second motion after 6 month your marriage will dissolve

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Adv. Amit Pandey Adv. Amit Pandey

Lucknow | 400+ Answers

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Advocate Ankit Singh LawRato · Accepted Answer · 2026-03-17T23:33:14+05:30

Answer #5

Hello, if you guys want divorce through mutual consent then it will not take much time and easily you can get divorce and kids custody will be based on income and age of kids and many more things like consent and agreement between you and your wife and for more details you can contact me so i can explain you many more things on call.

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Adv. Ankit Singh Adv. Ankit Singh

Allahabad | 100+ Answers

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