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What is the procedure to get a mutual consent divorce?


09-Mar-2023 (In Divorce Law)
Do I & my husband need to be staying separately for an year before filing for a divorce(mutual consent) or after filing it? How much time will it take for the proceedings to be over and what would be the total cost?
Answers (5)

Answer #1
986 votes
Less then 5000 rs as fee in nominal in all areas. It will take a couple of months ti get mutually separated . Maximum time for mutual separation is normally takes 3 to 6 months . It depends upon the nature of time and tide
Answer #2
972 votes
Yes, it is mandatory to living seperately for more than one year and above for filling the petition for divorce on mutual consent. But practically , after one year from the date of marriage you can filing mutual consent petition alleging that both of you living seperately within a short period of time from the date of marriage. Once the mutual consent petition filed , the court will adjourn the case after 6 months for reporting and evidence, on that date both the parties have to be present. If both the parties informed the court that there is no possibility of reunion and stick with their stand, after examining them the divorce order will be granted on the very same day or subsequent days to the convenient of court.
Answer #3
888 votes
Hello,

If you belongs to Hindu then you must have completed 1 year of married life then only you are eligible to apply for mutual divorce consent. If you already separated one year of matrimonial life then you can file the mutual divorce and then court will give you six months cooling period time. meanwhile if you reunion then good else you will get mutual divorce after completion of six months period. for further details call me
Answer #4
518 votes
You and your husband should be staying separately for atleast 1 year before filing the Petition for divorce by mutual consent in case of Hindu Marriage Act or Special Marriage Act and in case of Christians (Divorce Act) the period is two years. One both of you jointly file the Petition, it will be called after 6 months. After 6 months, evidence will be recorded and divorce will be ordered within a week or 10 days. All the times both of you have to appear before the Court. The Total cost will be a minimum of Rs.30,000/- to Rs.50,000/- depending upon the complications involved. This includes the Lawyers fees. For further details kindly contact me.
Answer #5
501 votes
You can get divorce from your husband if you separated from him for one year or more. The law required separation of couple and not possible to reunion. Living Under one roof is not eligible for divorce. However at least two different addresses required. Minimum six months required for Mutual consent divorce. As per supreme court, in some exceptional cases the trial court may consider earlier period of six months on merit. Expenditure around 15k to 20k comes according to your counsels.

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