What does it take to get a Divorce with mutual consent?


What formalities or prerequisites are required for a divorce through mutual consent, where the wife is prepared to give custody of children to the husband? How long does it take to get the divorce completed?

Answers (3)


74 votes
As per Section 13B of the Hindu Marriage Act,for a mutual consent divorce you and your wife can file a joint petition in the district family court at any of the following places:
 
  • Place where marriage had taken place
  • Place where husband and wife last resided together.
  • Place where wife is residing at the time of filing of the petition.

However, there are certain grounds that you need to fulfil before going in for mutual divorce,namely:
 
  • living separately for a period of one year or more,
  • not being able to live together and
  • 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 period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of divorce. 
 

113 votes

you both need to file a divorce petition by mutual consent. after filing miniumum 6 months perid is require to conclude the the said petition after six months court will agian hear to both of you and upon your consent adecree of divorce will be passed.


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90 votes

There are no formalities practically. Just a few documents required... mutual consent divorce petition takes 6 months time to finalise.. take an appointment to advice you further.

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