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What is the time line for Mutual consent divorce


15-Nov-2023 (In Divorce Law)
Hi , I wanted to know how Long - time period , does it take to get the mutual consent divorce. My present status is as follows , - Married for 4.5 years - living a kind of separate life in the same house (different rooms) for almost 11 months now - we are outside India from past 2.5 years Please let me know any other details or situation impacting the time period for mutual divorce. Thanks
Answers (4)

Answer #1
319 votes
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce, you can file a petition for mutual consent divorce in the district family court.As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that:
 
  • have been living separately for a period of one year or more,
  • have not been 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
Answer #2
737 votes
As per the Hindu Marriage Act, 1955, If the couple wish to file a mutual consent Petition, minimum Six(6) months compulsory waiting period from the date of filing the Mutual consent Petition is fixed under the Statute. So over all it might take you around 7 months to get a mutual consent Divorce.
Answer #3
961 votes
For mutual consent divorce it takes minimum of 6 months but there is other way out where it will take lesser period and that case also both parties come to mutual understanding and divorce is granted, for more details please contact.p
Answer #4
620 votes
Both parties have to agree on all issues regarding alimony, children etc and then will have to file a mutual consent petition in court. After six months the court on being satisfied that you both cannot live together and that all claims are satisfied will grant divorce.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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