WHAT IS MUTUAL DIVORCE AND OTHER ASPECTS?
What is Mutual Divorce?
Mutual divorce occurs when both husband and wife decide to accordingly end their marriage.It is easy to arrive on a conclusion when it comes to the guardianship of the child or dividing of the assets in the mutually consented divorce.The best option is to mutually file a divorce if a couple is unable to stay together.
Filing the petition mutually is the fastest way to get a divorce because other methods take years to get the final statement so, these days couples choose to go for mutually consented divorce, where both of them have an agreement of how to settle things.
Requirements to file a mutual divorce mutual divorce?
The major points that need to be covered to obtain a mutual divorce include:
1) For more than six months or a year the couple should be living separately, to prove that they are unable to live together and want a mutual divorce.
2) The couple is required to prove that there is no scope of them staying together ever again, this grants the court a reason to divorce them.
3) To terminate the marriage the couple is required to give their consent freely.
The documents required to register for the divorce?
Below are the documents required to file a divorce
1) An Address proof for both husband and wife
2) Both the husband’s and wife’s professional details and income details
3) The certificate you got after registering your marriage that is the certificate of marriage
4) An evidence of living separately for more than six months or a year
5) An evidence indicating disappointed aims for adjustment
6) Income tarrif statements
7) The details of assets and property owned by the couple
The procedure to file a divorce
1) Filing a petition
The couple is required to file a joint petition in the family court, giving the reasons for separation and an agreement on the matters of custody and belongings. Both the husband and wife are required to sign the supplication.
2) Appearance in the court
The couple then needs to appear in the family court, after filing the petition for divorce the couple is then required to appear in the family court. The court then makes a decision on the date for the hearing of the case.
3) Hearing of the case
When the date of hearing the case arrives both partners must appear in the family court, and after surveying the documents provided by the couple, the court records their statements and try to do one more attempt to solve their conflict. In case there is no hope the court resolves to begin the divorce matter.
4) First motion
The first motion is established and a period of 6 months is given to the couple before the second motion is filed after the hearing of both sides. It needs to be filed within 18 months of the filing of the divorce petition.
5) Second motion
The couple should oblige for the second motion if they are not willing to live together even after the given time of 6 months. Under this motion the court records the final declaration of the couple, so that it can end the case.
6) Final statement
After deciding and hearing of both parties the court concludes to permit the divorce or not. The judge will order to dissolve the marriage If the court finds suitable to provide divorce.
Some frequently asked questions
1) Where to file the petition for the divorce?
In the Town where the couple resides or have resided for the last time that is where the petition is filed in the family court.
2) How much time does it take to get a divorce in India?
The divorce procedure involves from 6 months to 2 years beginning from the filing of the petition even though it normally depends on the nature of the case. Although the Mutual divorce is considered to be the least time taking divorce.
3) How to resolve the concern of Maintenance?
The husband and wife have to agree on the amount of the alimony in mutually consented cases. Age, health and financial condition are deemed important when determining the outlay of alimony. These things should be in mind while deciding the maintenance.
4) What about the custody of the child?
The parents have to come upon with a decision for the custody of the child in a mutually contested divorce. The court will have to decide on the visitation rights and the physical custody of the child if otherwise.
5) How does religion affect the procedure of the divorce?
There are different types of divorce laws in India but it is almost ssimilar, It is only different for the Muslims, they have two types of laws for divorce that is “Khula” and “mubarat”. Khula is considered to be an arrangement between husband and wife While in mubarat, the couple needs to have a mutual consent over dissolving of the marriage.
Advantages of Mutual divorce
It is less time consuming compared to the contested divorce, thus if both the sides agree on the terms of divorce it is propitious to file for a mutual divorce.
What role does we play?
in case you want to end things mutually you need to go through all the procedure which requires the guidance of experienced divorce lawyers divorce in Delhi.
We have the best DIVORCE LAWYERS to help you through all the legal problems you are facing. They offer a wide range of experienced advocates to hire and get the help from
You are always free to call on our contact number to get the consult related to your case. We acts a delicate role between you and the advocate you want to hire, they will help you choose from a wide range of experienced lawyers and help you connect with them. We strives to provide the best legal service possible to their clients, they have an history of resolving family issues and giving them the best guidance.
Our motto from the beginning is to provide advice to clients who need to hire the best Divorce lawyers in Delhi and U.P to get all the documentation and procedure handled professionally.
You only need to hire a lawyer to help you file the petition and also run the case in the court because only lawyers and advocates can lead the proceedings.