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Mutual Divorce due to lack of understanding
19-Jan-2023 (In Divorce Law)
Hi, I am staying with my spouse but it seems difficult for us to stay with each other. Can we file divorce while staying with each other or needs to live separately. How many days we should live separately to file divorce. And is there any time provided by court to settle down disputes if we apply mutually or direct divorce procedure shall be done
yes, you can file divorce while staying with each other. you need to live separately from your spouse while staying in same house as if you are living outside somewhere else. one year separation has to be written in divorce pleadings. Six months period is given in law to complete process of divorce by mutual consent.
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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No it’s necessary to live separately or together. It’s more important that you are having no relationship and want to file for a mutual divorce.
There is a procedure of Mutual divorce, you need to file 2 motions. First motion is to be applied and after 6 months of order of first motion and before 18 months, second motion is to be applied and then the divorce is finalised.
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Adv. Shrutika Garg
Delhi | 100+ Answers
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For claiming divorce through mutual consent it is necessary that the couple must be living separately for over a year or two years and be able to prove that they have not been able to live together.
Matters such as children's custody, maintenance and properly rights could be agreed mutually.
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Adv. Shikha Gupta
Delhi | 50+ Answers
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