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Do both the parties need to be present for filing for Mutual Divorce?


21-Jun-2023 (In Divorce Law)
Do husband & wife both need to be present to file the joint petition (for mutual divorce) in the court?Do both of them need to sign the petition & other relevant documents in presence of each other or mere in presence of respective lawyers will do? Or Mere presence of both or either of the lawyers to file the case will solve the purpose? What are the documents to be signed?
Answers (3)

Answer #1
688 votes
At the time of filing both parties do not need to be present before each other moreso it depends which court you are filing, just the petition, affidavits and verifications need to be signed and if at all required the marriage certificate.kindly connect.
Advocate Aveek Bose

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Answer #2
641 votes
Dear client,
As per the details provided by you I would say that yes both the parties has to be present before the court and both have to sign the relevant papers and documents. Signing in each other presence is not necessary if that is okay with your lawyers but it is sugested to get it done in each other presence to avoid future complications.
Advocate Vikram Ojha

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Answer #3
575 votes
Both parties are required only on the date of hearing of the case before the court otherwise each party can get the documents signed separately in their respective lawyers' chamber. However it is one petition which is to be signed by both but not necessarily that both parties are required to sign together
Advocate Alakananda Das

Adv. Alakananda Das

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