What Is Mutual Divorce?
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Mutual divorce refers to a situation where both parties agree to peacefully end their marriage. To obtain a mutual divorce according to Section 13B of the Hindu Marriage Act, the husband and wife must have lived separately for at least one year and mutually decided that their marriage has irretrievably broken down.
The process of obtaining a mutual divorce is typically straightforward, but the court may not grant it immediately. After filing the divorce petition, the court may require the couple to try reconciliation for up to six months before granting the divorce. Depending on the circumstances of the case, this period may be shortened. Video-conferencing technology may be used to facilitate the divorce proceedings if one party is living overseas.
Divorce Procedure for Mutual Consent
How to File a Petition?
We provide a service that links you with lawyers who can aid you in preparing and submitting a divorce petition in court. The petition will consist of a joint statement from both parties acknowledging their inability to continue living together because of irreconcilable differences and requesting the court to grant them a divorce.
What is Second Motion Petition?
After the completion of the six-month period, the couple must file a Second Motion Petition for Mutual Consent Divorce and appear in court again.
Divorce Decree
If the judge is satisfied, after hearing statements from both the husband and wife, that all legal obligations and reasons for divorce have been met, then the couple will be granted a mutual divorce decree.
Documents Required for Mutual Divorce
What Is a Prenuptial Agreement?
It is important to acknowledge the importance of a prenuptial agreement, which is a legally binding contract signed by both partners before marriage. This document outlines the distribution of money and assets in case of divorce, separation, or death.
A prenuptial agreement offers protection to both partners in the event of a divorce or separation. It can help avoid prolonged court proceedings and potential conflicts over spousal support payments. With a prenuptial agreement in place, the resolution of such matters can be faster and more straightforward, saving time and effort for both parties involved.
FAQs on Divorce With Mutual Consent
1. What is the difference between mutual divorce and contested divorce?
A mutual divorce is when both spouses agree to end their marriage and settle all matters related to the divorce, while a contested divorce is when one spouse disagrees with the other about the terms of the divorce and takes the case to court.
2. Do I need a lawyer to obtain a mutual divorce?
It is not required to hire a lawyer for a mutual divorce, but it is recommended to consult with a family law attorney to ensure that your legal rights and interests are protected.
3. How long does it take to obtain a mutual divorce?
The time it takes to obtain a mutual divorce can vary depending on the jurisdiction and the complexity of the issues involved. However, since a mutual divorce doesn’t require a court trial, it can generally be resolved faster than a contested divorce.
