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Procedure to get amicable divorce


28-Mar-2023 (In Divorce Law)
How do you get an amicable divorce
Answers (2)

Answer #1
506 votes
The couple who is willing to separate by way of mutual divorce, they have to settle first on consent terms, if they have pending give and take liabilities, in terms of if any permanent alimony, if jewellery, if any investments, if any property, child maintaince, custody, access of child timings,joint parenting plan, etc. The consent terms are decided amicable and then have 5o file petition for divorce in family court, first date consent terms are finalised in court. Time is given of six months to complete compliance of consent terms. Second date which is final date to complete divorce procedure with affidavit and signature for divorce decree. If couple has agreed amiably to part without any allegations on each other by way of MCD can go ahead for amicable divorce or mutual consent divorce.
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Advocate Anita Hiranandani

Adv. Anita Hiranandani

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Answer #2
829 votes
Procedure to be followed for filing a petition of divorce by mutual consent- 1. Both the parties need to file together a petition seeking divorce before the District court. 2. Before filing of the petition, married couple should make sure that they are living separately for a period of one year or more. After petition is allowed, parties are required for filing of statement. 3. Couple seeking divorce by mutual consent will have to give reason why they are not able to live together and mention in the petition that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 4. Court after a period of 6 months and not more than 18 months (cooling-off period) will give a date for listening to the parties. 5. Engage a lawyer to help you out with the rest of the process.
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Advocate Gowaal Padavi

Adv. Gowaal Padavi

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