What is The Mutual Divorce Process?

Mutual divorce is a legal process by which a husband and a wife get separated with their own consent and wish after their marriage. This happens when partners do not feel love for each other anymore. When consent is involved the process of divorce becomes easier. It is the choice of both of them to dissolve their marriage and carry on with their lives on their own terms without any further arguments. After the agreement, they file a notice or a petition in the family court. The main things to be considered in a divorce are custody of the child, need for alimony, property, maintenance of shared properties, and splitting the assets of the couple as their own.

There are certain conditions before filing a mutual divorce and these are mentioned under section 13B of the Hindu marriage act 1955.

i) Both of them should live separately from each other for at least a year.

ii) They should have a strong feeling that they cannot live with each other.

iii) There must be a mutual agreement for the dissolution of the marriage.

iv) They should file the petition together without any pressure or bribe.

Mutual Divorce Process

a) Both of them need to file a petition through a mutual divorce lawyer before the District Court. This should be done after living separately for one year. The joint petition is signed by both parties.

b) Now, after filing the divorce both of the parties will have to appear before the judge in the family court. The court will observe them and all the documents their lawyers would provide. The court will try to bring them closer and reconcile once.

c) If the court is satisfied with their justifications of getting a divorce then their statements get recorded under an oath. The court will verify the documents that are presented as proof.

d) After taking the oath the couple has to wait for 6 months which the court gives them to rethink their marriage for one last time.

e) Once these 6 months have passed and the couple still wants to get separated then they have to show up before the court for the final hearing. They can file a second motion after these 6 months or the maximum period is 18 months. Their statements again get recorded under the oath.

f) If there are no other issues of alimony, property, or child custody then the procedure reaches its final stage. Once the court gets satisfied the marriage gets declared dissolved by the court and this declaration becomes official by preparing a decree of divorce.

In case one of the parties refuse to file the divorce then it could be only filed under the grounds of the dissertation, religion conversion by another spouse, cruelty or the spouse is missing for 7 or more years.

Recently, the Supreme Court has decided that 6 months time which was given to the couple could be avoided if a couple wishes it to be.

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