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What is the process of legal separation


01-Mar-2023 (In Divorce Law)
My mother (55, Christian) doesn't want to live with her husband anymore because of financial and mental abuse. She lives in her own self-acquired property (which is willed in my name). If she wants to file for legal separation, what process does she have to follow? How long does the process usually take? And most importantly, do both parties have to be present for the decree to be passed?
Answers (5)

Answer #1
920 votes
yes your mother can apply for a mutual divorce with your father, for which your mother needs to show one year of separation at the time of filing divorce petition, on the day of filling both have to be present for signing and the final date of hearing will be after 6 months from the date of filing and yes both the parties have to be physically present before the Hon'ble Judge on the day decree of divorce will be passed. for any further clarification kindly connect.
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Advocate Aveek Bose

Adv. Aveek Bose

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Answer #2
632 votes
Your mother should file a suit for divorce if she wants to be separated from her husband. If they file the case on mutual consent then it will take 1.5 years(minimum) for the decree. If not then both the parties shall live separated at least an year before filing the case for divorce and it may take 2 years or more. Thanks. For further discussion contact me.
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Advocate Partha Ray

Adv. Partha Ray

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Answer #3
830 votes
If your father & mother both are interested to be separated the they can file a joint petition for mutual divorce before the appropriate court. Mutual divorce proccding does not take much time...its take time 6 to 8 months..not more than that. In this procceding both your parent have to be present before the court at the time of final hearing. But if your father is not agreed to give divorce...then other proccedure have to be followed by your mother
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Advocate Srabani Majumder

Adv. Srabani Majumder

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Answer #4
999 votes
Hello, You need to file a petition for legal separation. For that you need to appoint one lawyer who will fulfill all the requirements. If it is a mutual petition then it will take less time but if it is not, then may take long. You may contact me for further clarification.
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Answer #5
794 votes
Your mother can get divorce from our father by mutual consent or by contesting the case. It filedby mutual consent then both the parties must present before the Judge. If she filed divorce u/s 13 (1) HMA then depends upon whether other party will appear in court or not.
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Advocate Kulwant Singh

Adv. Kulwant Singh

LawRatoChandigarh | 25+ Answers
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