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Mutual Consent Divorce
02-Feb-2023 (In Family Law)
I and my wife having 15 years of marriage life staying apart from past 2 years. We both have come to conclusion to file a Mutual Consent Divorce without getting into child custody and alimony/maintenance. Now I have two questions- 1) Divorce, child custody and maintenance are separate entity or is it part of common case? 2) Will she or I have rights to file for child custody and maintenance after the divorce decree is granted?
Dear client as per your query you can file a case for mutual consent divorce in which you both agree for the maintaince and child issue. Divorce by mutual consent is that in which you both agree for the seperation and other related issue
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Adv. Sanjeev
Delhi | 100+ Answers
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If u go for mutual it's a part of one mos under which every clause pertaining to custody, vegitation right, alimony permanent, maintenance every thing is coming on that basis motion will be filed. But if u not going mutual and not mentioned theses clause so u have to file or contest separate cases
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Adv. Akhil Verma
Delhi | 400+ Answers
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If both parties are ready then you can make an agreement for the child custody that the child will remain in the custody of the agreed person . It will entirely depend on both parties consent as if you are getting the custody of the child then she may specifically ask for the visitation rights . So that will depend entirely on you people's consent .
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Its good that you both have decided to go for mutual divorce when the marital relation is not working. You may in your mutual divorce petition may mention all your final settlement terms. If you haven't specified your settlement terms regarding child custody, alimony etc.
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Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
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Inhave read and understood your query and shall br able to address your concern as I specialise In matrimonial laws. However I shall need some more details with respect to your case so as to guide you well.
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Adv. Anish Roy
Delhi | 100+ Answers
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You will have to clear all the matters out of court including child custody maintenance etc .
Than you can file mutual divorce. Otherwise fight in the court for your concern and wait for the court decision
Thanks
Than you can file mutual divorce. Otherwise fight in the court for your concern and wait for the court decision
Thanks
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Adv. Parveen Kumar
Delhi | 25+ Answers
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यदि आप 18 साल, आप के पति 21 साल से ऊपर की उम्र में शादी हुई है तो आप परस्पर सहमति से 13B हिन्दू मैरिज एक्ट के तहत तलाक की याचिका दाखिल कर सकते हैं। आप के पैरंट्स की अनुमति की आवश्यकता नहीं है। लेकिन 13B में तलाक की अर्जी डालने में पति-पत्नी को एक साल अलग अलग रहने की अनिवार्य शर्त है तभी तलाक की अर्जी डाली जा सकती है। याचिका में आने वाली कास्ट एडवोकेट से मिल कर पता कीजिए।
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Adv. Vinod Tripathi
Kanpur | 25+ Answers
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You can't get mutual divorce before more then one year of your marriage since you are married before 3 months so you can't get divorce from the court.secondly cost of mutual divorce depends upon advocates fees status
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Adv. Lubna Ishrat
Noida | 200+ Answers
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Hello,
Yes you can file a petition for mutual consent divorce without permission or consent of your parents but it is a long process and needs some time. I cannot disclose the fee here as it depends on various circumstances.
Regards
Yes you can file a petition for mutual consent divorce without permission or consent of your parents but it is a long process and needs some time. I cannot disclose the fee here as it depends on various circumstances.
Regards
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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This is my response to you:
1. The other party will not ask for alimony if you have heavy debts, loans and liabilities;
2. If you have less source of income then the court may pardon;
3. This can be proved by your ITR of five years;
4. But rarely the court does not award alimony and the husband has to pay it;
5. Consult a lawyer with your full facts and obtain a informed legal opinion.
1. The other party will not ask for alimony if you have heavy debts, loans and liabilities;
2. If you have less source of income then the court may pardon;
3. This can be proved by your ITR of five years;
4. But rarely the court does not award alimony and the husband has to pay it;
5. Consult a lawyer with your full facts and obtain a informed legal opinion.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Dear queriest, as per your query you want to escape from the burden of giving alimony to your wife, whereas it depends upon the situation or the case where the court decides whether alimony should granted or not, by seeing facts of the case, and further if the Honourable Court sees that the situation on the side of the wife and yours dependence is are how much, in short depends on the facts
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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Yes..... if both the husband and wife are ready for mutual divorce you can forward with that. And if you have the kids in the wedlock you should prepare an agreement regarding the maintenance of them.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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Divorce with Mutual Consent Service Package by LawRato gets you leading divorce lawyers to handle all the legal proceedings for you and hence you can have a peaceful separation!
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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