Do You Want A Peaceful Divorce? Understand The Mutual Consent Divorce Process In India

Introduction

Do both husband and wife are dealing with stressful marital life and now want to dissolve it mutually? Or do you want a peaceful divorce but confused about how and where to start from? Are you worried about time, court hearings and legal formalities?

Mutual divorce is most simple way to dissolve a marriage where both the parties agrees upon term and condition of maintenance, custody of child and division of property. Basically, it avoids long term disputes and stressed life. This guide will let you know about the process of mutual divorce step by step.

Is there any legal ground to file for mutual divorce?

Basically, there are no legal grounds to file for mutual divorce, but there are certain legal conditions which must be there between husband and wife:

1. Living separately for at least 1 Year: Both the male & female partners must be living separately for at least 1 year. They have to prove themselves in the court that they are living separately & not using their marital rights for at least one year.

2. No adjustment is possible: They have tried all the ways to live together. But they have realized that they are unable to live together & no adjustment is possible.

3. Approval of both the Partners: The approval of both partners is important for the separation of partners. Both the partners must be ready to separate from each other.

Main issues that need to be mutually settled

1. Custody of Child: Both partners must discuss the guardianship of their child. They have to agree whether which partner will get the guardianship of the child. They do not have any problem with this decision.

2. Maintenance and Alimony Fees: The maintenance fee is paid by one partner to another to fulfill their daily and monthly expenses. They must have discussed the maintenance and alimony fees and mutually agreed with each other.

3. Settlement of Assets and Property: Both the partners must discuss with each other the partition & ownership rights of the property.

What documents are required in mutual consent divorce?

1. Address Proof - both husband & wife needs to submit this

2. Marriage Certificate

3. Statement of Income Tax Return

4. Details of Profession & Income Details

5. Property and Asset Details

6. Proof that they are living separately for at least 1 year

What is the procedure to file a divorce?

1. Filing a petition: The couple needs to file a joint petition in the family court, the petition must state the reasons for separation and agreement on the matters of custody and property. The application requires to be signed by both husband and wife both.

2. Appearance in the court: The couple then needs to appear in the family court, after filing the petition for divorce. Court then decides the date for the hearing of the case.

3. Hearing of the case: When the date of hearing comes both husband and wife need to appear in the family court, and after examining the documents provided by the couple, the court records their statements and try to do one more attempt to solve their conflict, if there is no hope the court decides to start the divorce matter.

4. First motion: Following the hearing of both sides, the first motion is established and the time of 6 months is given to the couple before the second motion is filed. It is required to be filed within 18 months of the filing of the divorce petition.

5. Second motion: If the couple is not ready to live together even after the given time of 6 months. They should oblige for the second motion, in this motion court records the final declaration of the couple, so that the court can conclude the case.

6. Final statement: After deciding and hearing of the parties the court concludes to grant the divorce or not. If the court finds it suitable to provide divorce, the judge will order to dissolve the marriage.

What happens during the cooling-off period?

This is time given to both the partners to rethink their decision of dissolving the marriage. The couple can try to reconcile or opt marriage counselling, any of the partner can withdraw the petition if they change their mindset.

Can cooling off period be waved?

The cooling-off period can be waived in a mutual divorce. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017), stated that six month waiting period is directory, not mandatory. If parties live separately for very long period and now reconciliation is not possible, so the court can waive the waiting period to avoid unnecessary delay in granting divorce.

Which court should we approach for filing?

The joint petition of divorce is filed in district court or family court. Either spouse can file a petition where marriage was solemnized, husband or wife last resided, or the respondent currently resides, in some cases the wife can also file the petition at the time where she is residing at the time of filing it.

What happens if one party refuses second motion?  

If one party refuses to give consent at the time of the second motion, the mutual consent divorce cannot be granted because consent of both is required. But the other spouse can file for contested divorce on valid legal grounds. They can also try again mediation before approaching the court again.

When can you remarry after mutual divorce?

You can remarry only after the mutual consent divorce becomes final. Once the court passes the final divorce decree, you should wait until the appeal period of about 90 days is over. If no appeal is filed, the divorce attains finality and remarriage is legally safe.

What are the advantages of Mutual Divorce?

1. Time-Saving: You can save a lot of time while filing a mutual consent divorce. It takes around 6-8 months for the mutual divorce of the partners.

2. Less Stressful: Both of you have agreed to separate from each other & you have no issues related to child custody, property & maintenance fees.

3. More Economical: You do not have to spend a lot of money on the mutual divorce process. As it is less time consuming & you do not have to spend more money to the lawyers.

How Lead India can help you?

1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.  

2. Expert Advice - Sometimes both partners need expert advice before filing for mutual divorce. We have the most experienced & provide you with the best guidance before filing the mutual divorce petition.

3. Zero Stress - The partners do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court.

4. Top Quality Lawyers - Lead India will help you to choose among the best divorce lawyers for your mutual divorce. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating.