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File For Mutual Consent Divorce

4.8 / 241 ratings
Starting From: Rs.24999

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Description
Divorce is a difficult decision for both husband and wife. If you have decided to separate, we can help make the whole process as painless and as swift as possible. Our team of experienced divorce advocates across all cities in India provides first-rate professional legal services and guidance for your mutual consent divorce proceedings.

Procedure for Application
Both the parties on agreeing to certain terms and conditions mutually can file the petition in Family Court of the concerned jurisdiction. Parties can file their case either at the place of their marriage or place of their current residence mentioned on ID proofs going to be attached along with the petition. The petition is filed along with affidavit declaring the contents to be true and memorandum of understanding between the parties regarding child, maintenance, property/estate or other ancillary matters. 
Mutual Divorce can only be filed after a separation of one year post marriage owing to any reason whatsoever unless the separation is challenged itself which rarely is a case in mutual divorce as parties have agreed to get separated mutually. It can take anywhere between 6 months to 18 months for getting a mutual divorce. If both the parties are unable to commit to their desire for mutual separation in 18 months, then the petition stands dismissed.


How it works
a) Select your city.
b) Pay online.
c) Your LawRato Case Manager will contact you to understand your requirement in detail.
d) You will be assigned an advocate to deliver your legal service.
What's included
a) Introduction call. A 30-minute phone call to know your advocate and talk about how you will work together.

b) Consultation and counselling at advocates's office.

c) Mutual Consent Divorce petition drafting.

d) 1st Motion filing of Mutual Consent Divorce petition.

e) 2nd Motion filing of Mutual Consent Divorce petition.

f) Obtaining Divorce Decree from the court.

What's not included
a) Any additional charges for power of attorney.

b) Any additional charges for Application for waiver of 6 months waiting period.

a) What is Mutual Divorce?
Under Section 13B of Hindu Marriage Act, 1955, all marriages solemnized before or after Marriage Laws (Amendment) Act 1976 can be annulled before the court if both the parties consent to divorce mutually with free will and consent. Prior to filing of the petition, both the parties should come to terms and conditions regarding alimony, maintenance, child’s custody right and education and other ancillary matters. Mutual Divorce serves to be the quickest relief for a failing marriage.

b) How to Apply for Mutual Divorce?
Both the parties on agreeing to certain terms and conditions mutually can file the petition in Family Court of the concerned jurisdiction. Parties can file their case either at the place of their marriage or place of their current residence mentioned on ID proofs going to be attached along with the petition. The petition is filed along with affidavit declaring the contents to be true and memorandum of understanding between the parties regarding child, maintenance, property/estate or other ancillary matters.

c) Is there a time limit to file the case?
Mutual Divorce can only be filed after a separation of one year post marriage owing to any reason whatsoever unless the separation is challenged itself which rarely is a case in mutual divorce as parties have agreed to get separated mutually. No divorce case- mutual or consented will be accepted by the court before the completion of 1 year of marriage.

 
d) Can mutual divorce be granted through a notary?
Absolute NO. The notary in India is under no power to grant mutual divorce under any provision of law. If someone says so, beware. It’s a sham. Marriages governed under Hindu law i.e. Hindu Marriage Act, 1955 provides provision for Mutual Divorce under sec 13b through court proceedings only. A valid decree of divorce granted by family court of the appropriate jurisdiction is the only way to end a marriage legally in India under Hindu Marriage laws.
 
e) What is the procedure for filing Mutual Divorce?
On submission of petition, both parties have to appear in person before court (we call it First Motion) and get their statement recorded on oath, then the court grants 6 months cooling-off period to couple to reconcile or reconsider their decision. After the expiry of 6 months or within 18 months, the couple has to reappear before the same court (that’s Second Motion) and reiterate again their wish of mutual separation. Once the court is convinced, the decree for mutual divorce is granted.
 
f) How much time it will take for Mutual Divorce?
Mutual Divorce is the fastest, cheapest and most stress free way of getting Divorce in India. It can take anywhere between 6 months to 18 months for getting a mutual divorce. If both the parties are unable to commit to their desire for mutual separation in 18 months, then the petition stands dismissed.
 
g) Is appearance necessary for first and second motion of mutual divorce?
In most cases, yes, it is. Alternatively, camera proceedings may be allowed if the courts are convinced that the attendance of the party in question cannot be arranged by all possible means and it is totally the discretion of court to allow it, but yes that’s possible. Also, it depends on case to case.
 
h) How can NRIs get mutual divorce in India?      
NRIs/non Indian couples who got married in India can file for a mutual divorce in India. The couple can also file a divorce petition in a foreign country, under the laws of that country in which the couple resides, but the decree passed by foreign courts should not be inconclusive of Sec 13 of the Civil Procedure Code, 1908. Hence, it is subject to discretion of the Indian Courts, if challenged otherwise. Also, the court may grant camera proceedings to take place in exceptional circumstances where one of the parties is staying abroad.

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Frequently Asked Questions

LawRato legal services are currently available in over 500 cities across India. Please select your city to check the availability and fee of the legal service in your city.
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