What Are The Benefits Of Choosing Mutual Divorce Over Other Options?

No matter where you live, a divorce is often associate with a lot of pain and hardship. For those who wish to separate from marriage, there are various resources provided by the Indian legal system, each with its requirements and procedures. Of these options, most consider mutual divorce settlements and processes to be the least contentious and friendly. It is a process in which both parties wish to end their marriage in a civil and friendly manner. 

Mutual Divorce: About

Section 13 B of the Hindu Marriage Act 1955 governs control of the process of mutual divorce for Hindus, Buddhists, Jains, and Sikhs whereas for civil or inter religious marriages mutual divorce is control by Section 28 of the Special Marriage Act 1954. As opposed to contested divorces, a mutual divorce does not involve a lot of issues and is less complicated only because both husband and wife have agreed to settle all issues with respect to alimony, custody of children, and division of property among the parties.

• In order for the couple to submit a joint application at the family court, they must state that they decided to separate after living together for at least one year.
• The spouses attend the court for the last hearing, when the judge approves the consent taken from both spouses and grants the divorce after a period of six months which is usually impose (but may be lift by the court in certain cases).

Benefits of Choosing Mutual Divorce

Quickness and Effectiveness

• One of the main benefits of opting for a mutual divorce is the speed and simplicity of the process when compared to other divorce alternatives. Contested divorces, where one side does not agree with the separation or its terms, can go on for years stuck in the legal grind of protracted court hearings, appeals, and waiting periods.
• Conversely, a couple settling down a divorce by mutual consent devoid of wrangles over child custody issues and maintenance will take not less than six months.
• Besides the saving of time, the extremely short duration of the process enables the parties to focus on other pressing issues like rebuilding their social and economic lives.

Economical

• The cost of divorce might be high especially where parties are not in agreement and the process takes years. In drawn-out burning battles, the costs skyrocket in terms of attorneys, court, and other related costs. 
• The cost of legal procedures is a lot lower in mutual divorce because it deals with simple and expedient processes. There is hardly a need for excessive court appearances, excessive documentation, and complicated negotiations because there is already consensus from both sides about the terms.
• There is considerable savings that couples can make by not engaging in lengthy court battles, funds that can either be use to protect/raise up their children or to rehabilitate themselves post-s divorce. For many couples, a divorce through mutual consent is an alternative worth taking up as it is quite cheap.

Decreased Stress on an Emotional and Psychological Level

• The divorce process bears a great deal of psychological stress both for the partners getting divorce and for the family – especially for children in a family in which divorce is about to take place. Typical in many contentious divorces, are endless accusations and counter-accusations in court. This tendency of attitudes may further increase the psychological trauma and cause irreversible mental harm.
• On the other hand, divorces by mutual consent are usually less stressful than other forms of divorce. It encourages a process where both partners seek to resolve issues amicably. This attitude of cooperation reduces feelings of hatred and vengeance by providing closure.
• Moreover, it also provides a better environment for the children as they witness their parents coming together rather than at loggerheads, which in turn facilitates their transition within a changing family structure.

Reduced Effects on Children

• Underlying consideration to most parents is often how a divorce would affect the children. Infants on the other hand might be subject to an unjust and unfriendly environment, parental estrangement plus worse, be compel to go to court and give conflicting testimony in eye-witness management which can also be very tough. 

• This may leave them with psychological issues that span for years and affect how they relate with others, perform in school, and in some cases, their psychological well-being. 

• The other benefit of mutual consent divorce is that it encourages the parties involved to part ways amicably thus reducing the negative effects associated with divorce. 

• However, without any conflict for too long, children are assure of stability since the parents can agree on matters such as child custody, visitation, and other forms of financial support without much struggle.

Comparing Mutual Divorce with Other Legal Options

Mutual divorce 

Is unquestionably the best choice for couples who decide to part ways amicably when contrasted with disputed divorce and judicial separation. The following contrasts mutual divorce with other Indian legal options:

Contested Divorce

• In dissolution of marriage, one spouse may file for divorce on particular grounds, for example, cruelty, adultery, or even desertion. Such allegations can be challenge by the other party which can lead to extensive legal battles which tend to be emotionally draining as well. Contest divorces are very expensive and can take years to be resolve with costs that may ruin relationships forever. 
• Conversely, divorce by mutual consent is a great alternative as it is less stressful and more amicable accompanied by speed since there are few court attendances and no need to show proof of any grievance.

Judicial Separation

• One possible legal option is a separation order whereby the couple continues to be legally marry but chooses to stay separately. Unlike divorce which gives closure to the marriage, judicial separation allows couples to stay away from one another without terminating the union, but this is not in the interest of some couples. For some couples, this arrangement is too little to ask for, as they only want a legal dissolution of the marriage.
• On the other hand, a mutual divorce brings a legal closure to the marriage allowing for both spouses to freely continue with their lives and even remarry should they wish to.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.