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Mutual consent divorce - process and fastest way to get it


28-Jul-2023 (In Divorce Law)
What is the process of mutual divorce and how much time will it take ? We want the fastest way to get this done. We have been married for 7months. And no legal marriage happened. It was just social.
Answers (5)

Answer #1
949 votes
Dear Client,
Mutual divorce is done only for a legal marriage through two motions, you can file first Motion after one year of marriage. After the First motion court gives 6 months time as an opportunity to settle your Disputes. After 6 months you can file a second motion and the court grants divorce.
In your case if no legal marriage has taken place, you guys can separate through signing a notarized MoU.
Hope this helped you. Feel free to contact me in case of any issue.
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Answer #2
974 votes
One has to wait for minimum 1 year to file mutual divorce case if the circumstances are not so urgent. from filing till finalisation of the mutual divorce case ,it takes around 6-7 months. this is the minimum period .
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Answer #3
917 votes
If you are married and your marriage is just 7 months old then divorce is not possible. You need to wait for another 5 months to legally be apart from each other. But you both can apply for judicial separation under which it will not be obligatory for both of you to live under the same roof. For more legal assistance I am just a call away.
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Answer #4
971 votes
if no legal marriage happened all you need to do is apply for annulment of marriage

annulment is the process whereby code declared the marriage to be invalid.

once the marriage is declared as annuled parties are free to marry again.

should you have any queries feel free to contact me
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Answer #5
898 votes
You can seek a decree of divorce by mutual consent under section 13 (1) (B) of the Hindu Marriage Act. It will take maximum 6 months to get done. However since your marriage is 7 months old you need to wait for further 5 months to proceed with.
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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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