What Is Mutual Divorce?
Mutual divorce is a situation where both parties agree to peacefully end their marriage. According to Section 13B of the Hindu Marriage Act, in order to obtain a mutual divorce, the husband and wife must have lived apart for at least one year, during which time they have mutually decided that their marriage has irretrievably broken down.
The process of obtaining a mutual divorce is usually straightforward, although it may not be granted immediately by the court. After filing the divorce petition, the court may require the couple to attempt reconciliation for a period of up to six months before granting the divorce. Depending on the specific circumstances of the case, this period may be shortened. If one party is living overseas, video-conferencing technology may be used to facilitate the divorce proceedings.
Divorce Procedure for Mutual Consent
How to File a Petition?
We provide a service that connects you with lawyers who can assist in preparing and filing a petition in court for divorce. The petition will contain a joint statement from both parties acknowledging that they are unable to continue living together due to irreconcilable differences and will request the court to grant them a divorce.
What is Second Motion Petition?
After the six-month period has passed, the couple must file a Second Motion Petition for Mutual Consent Divorce and appear in court once again.
After listening to the statements of both the husband and wife, if the judge is satisfied that all legal requirements and grounds for divorce have been met, a mutual divorce decree is granted to the couple.
Documents Required for Mutual Divorce
What Is a Prenuptial Agreement?
It’s crucial to recognize the importance of a prenuptial agreement. This agreement is a contract that both spouses sign before their marriage, and it outlines the distribution of money and assets in the event of death, divorce, or separation.
In case of divorce or separation, a prenuptial agreement provides protection to both parties from the inconvenience of lengthy court proceedings and potential disputes over spousal support payments. It ensures a smoother and faster resolution of such matters, thus saving both time and effort.
FAQs on Divorce With Mutual Consent
What are the grounds for divorce?
There are several grounds for divorce, including adultery, cruelty, desertion, conversion to another religion, mental illness, and irretrievable breakdown of the marriage. The specific grounds may vary depending on the country or state in which the divorce is being sought.
How long does it take to get a divorce?
The duration of a divorce proceeding can vary depending on various factors such as the complexity of the case, the willingness of the parties to cooperate, and the court’s workload. In some cases, a divorce can be granted quickly, while in others, it may take several months or even years to complete.
What is the difference between a contested and uncontested divorce?
In a contested divorce, the spouses are unable to reach an agreement on one or more issues, such as property division, child custody, or spousal support. As a result, they must go to court to have a judge decide these matters. On the other hand, an uncontested divorce occurs when both spouses agree on all the issues involved in the divorce, and there is no need for a court hearing or trial.