Mutual Consent Divorce
Divorce by mutual consent is where both husband and wife choose to end the marriage amicably and with each other's consent.
Grounds for Mutual Consent Divorce?
A mutual consent divorce can take place on the below grounds.
- The spouses have been living separately for more than one year.
- They have not been able to live together.
- Both spouses agree to dissolve the marriage.
Procedure for filing Mutual Consent Divorce?
It involves the following steps.
- Filing a divorce petition in the family court.
- Recording your statements.
- Waiting for a mandatory period (in most cases) for 6 months.
- Appearing in court after 6 months to confirm the divorce.
- Grant of divorce order or decree.
Things to keep in mind
When opting for divorce with mutual consent, both you and your spouse need to settle the following terms.
- Child Custody
- Return of Items
- Litigation Expense
- Ownership of jointly-purchased items.
- Division of funds.
Where to File the Divorce Petition?
In the district court within whose local limits
- The marriage took place, or
- Parties to the marriage last lived together.
How can NRIs file for mutual consent divorce?
If the couple is in India, the procedure remains the same. Couples living outside India can apply for divorce in a foreign court. But Indian courts will recognize a foreign divorce decree only if it fulfills the conditions set by Indian law.
Is the mutual consent divorce law same for all religions?
In India, different religions are governed as follows.
Hindu Marriage Act, 1955 governs Hindus.
Indian Divorce Act, 1869 and Indian Christian Marriage Act, 1872 govern Christians.
Special Marriage Act, 1954 governs couples belonging to different religions.
Muslim are governed by Dissolution of Marriage Act, 1939 and The Muslim Women (Protection of Rights on Divorce) Act,1986 .
Parsis are governed by The Parsi Marriage And Divorce Act, 1936.
How much Time will it take for Mutual Consent Divorce?
A minimum of 6 months and a maximum of 18 months.
Why choose PocketLawyer for Mutual Divorce?
- Experienced and qualified professionals with 12 years of average experience.
- Access to highly qualified professionals anytime, anywhere in India.
- Fixed price. No hidden fees or long-term commitment.
- 100% satisfaction guaranteed. Our money back guarantee makes sure that you get complete satisfaction, every time you choose our services.
What is more?
- Our dedicated support team is always there to help you with any query or issue that you may have.
- Choosing PocketLawyer means the best service, at the best price