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When can I file for mutual divorce


12-May-2023 (In Divorce Law)
hi,Kindly advice the mutual divorce procedure,just married 8 months before,separated for past 1 months. When can i apply for mutual divorce? For date of submission ,how long do i need to be separated from my husband? How long the total process takes ?
Answers (5)

Answer #1
661 votes
Hello,

You will need to be separated from your husband for one year before the date of submission.

There is a mandatory minimum waiting period of 6 months after the date of filing the divorce before which the divorce can be finalsed.

The above applies for a Hindu marriage.

Hope that clears it up.

LawRato


Answer #2
815 votes
Madam,
The minimum prescribed time to file any petition for divorce is one year, you have to wait for completion of one year and after that you and your husband can approach the court for mutual consent divorce.
Answer #3
543 votes
Hi,

You may apply mutual after completion of one year marriage. Also there are other provision where you can get the divorce without completion of one year marriage. This can be discussed further in person.
Answer #4
763 votes
You could file a divorce petition after one year of your marriage and for mutual.consent petition you have to be seperated for atleast one year. But you could file a divorce petition within one year of marriage if you could show some extreme hardship. Practically the courts would take time to decide if there is extreme hardship and it might take same time as of normal petition.
Answer #5
557 votes
You have to be separated from your husband for minimum of 12 months. So you can file for divorce by mutual consent after 13 -14 months after your marriage. Once you file for Divorce then it will take only 6 1/2 months for getting divorce order copy. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.

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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