Procedure to file for a Mutual Divorce
Procedure to File for a Mutual Divorce in Indore, India
A mutual divorce is a legal process in which both spouses agree to end their marriage amicably. If you and your spouse have decided to file for a mutual divorce in Indore, it is important to follow the proper legal procedure. Here are 20 points detailing the steps involved in filing for a mutual divorce in Indore:
1. Consult an Attorney: Seek legal advice from a family law attorney who specializes in divorce cases. They will guide you through the entire process and explain the legal implications.
2. Eligibility: Both spouses must meet the eligibility criteria for a mutual divorce. They should have been married for at least one year before filing for divorce.
3. Separation Period: Before filing for a mutual divorce, the spouses must have been living separately for at least one year. During this period, they should make efforts to reconcile or resolve their differences.
4. Drafting the Petition: The next step is to draft a mutual divorce petition. This document outlines the reasons for the divorce, the terms of separation, division of assets, child custody (if applicable), and any other relevant details. It should be prepared by your attorney.
5. Mutual Consent Agreement: Both spouses need to sign a mutual consent agreement, which states that they agree to dissolve the marriage and have no objections to the terms mentioned in the petition.
6. Filing the Petition: The petition, along with the mutual consent agreement, should be filed at the Family Court in Indore. You will need to submit multiple copies of the petition and the agreement.
7. Affidavit: Along with the petition, each spouse must file an affidavit stating their consent for the divorce and confirming that they have not been coerced or influenced by any party.
8. Joint Statement: Both spouses are required to appear before the Family Court to record a joint statement, confirming their intention to dissolve the marriage by mutual consent.
9. Cooling-off Period: After recording the joint statement, the court imposes a mandatory cooling-off period of six months. This period allows time for reconciliation or reconsideration.
10. Counseling: During the cooling-off period, the court may refer the spouses to counseling or mediation to explore the possibility of reconciliation. However, if they are firm in their decision, the divorce proceedings will continue.
11. Second Motion: After the cooling-off period, the spouses must appear before the court for the second motion. They need to reaffirm their consent to the divorce and confirm that they still wish to proceed with the mutual divorce.
12. Final Hearing: The court will schedule a final hearing date, during which the judge will review the petition, mutual consent agreement, and any other relevant documents. Both spouses must be present during the hearing.
13. Verification of Documents: The court will verify the authenticity of the documents submitted and ensure that the divorce is being sought on genuine grounds.
14. Settlement of Issues: If there are any issues related to property division, child custody, or alimony, they should be resolved before the final hearing. The terms agreed upon by the spouses should be included in the mutual consent agreement.
15. Decree of Divorce: If the court is satisfied with the documentation and the spouses’ consent, a decree of divorce will be granted. This decree marks the official termination of the marriage.
16. Maintenance and Alimony: The court may also decide on the payment of maintenance or alimony to either spouse if it is deemed necessary based on the circumstances.
17. Child Custody: If the spouses have children, the court will decide on child custody and visitation rights based on the best interests of the child.
18. Registration of Divorce: Once
the divorce is granted, it is essential to register the divorce decree at the Marriage Registrar’s Office within 30 days.
19. Division of Assets: The division of assets and property should be carried out as per the terms agreed upon by the spouses and approved by the court.
20. Post-Divorce Documentation: After the divorce is finalized, it is advisable to update legal documents such as wills, insurance policies, and bank accounts to reflect the new marital status.
Remember that the process may vary slightly based on the specific circumstances of your case. It is always recommended to consult with a family law attorney to ensure a smooth and legally compliant mutual divorce process in Indore. According to the Hindu Marriage Act, 1955; a petition for a ‘mutual divorce’ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. you can even file for divorce if the other party is not willing to get a divorce- this is called, ‘Contested Divorce’.
A divorce is the ending of a marital relationship through legal process, demanding a petition for divorce by one gathering. Only state judicial system contain legal system over divorcements, therefore the petitioning or disagreeing individual could just file in the State where he/she is and has actually been a citizen or where the marriage was celebrated. The complications of problems included such as property dividing and taxations may make it a good idea for both individuals to have professional legal and financial assistance. We are leading in top Divorce Lawyers in Indore.
What is Divorce by Mutual Consent?
Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.
Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.
The conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more.
(ii) That they are unable to live together.
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved.
Under these circumstances, a Divorce by Mutual consent can be filed.As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.
Where to file a divorce petition:
1. The court can be one where couple seeking divorce last lived.
2. The court can be one where the marriage was solemnized.
3. The court can be one where the wife is residing as of present.
The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one. According to the Hindu Marriage Act, 1955; a petition for a ‘mutual divorce’ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. You can even file for divorce if the other party is not willing to get a divorce- this is called, ‘Contested Divorce’.
Step 1: Petition to file for divorce
Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition will, then, be signed by both the parties.
Step 2: Appearing before Court and inspection of the petition
Both the parties will have to appear before the family court after the filing of the petition.The parties would present their respective counsels/lawyers.The court would critically observe the petition along with all the documents presented in the court.The court may even attempt to bring reconciliation between the spouses, however, if this is not possible, the matter proceeds for further follow-ups.
Step 3: Passing orders for a recording of statements on oath After the petition is scrutinized by the court and it satisfies, it may order the party’s statements to be recorded on oath.
Step 4: First Motion is passed and a period of 6 months is given before the Second Motion Once the statements are recorded, an order on the first motion is passed by the court. After this, a six months period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.
Step 5: Second Motion and the Final Hearing of petition:
Once the parties have decided to go further with the proceedings and appear for the second motion, they can proceed with the final hearings. This includes parties appearing and recording of statements before the Family Court. Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.
Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off. Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also.
Step 6: Decree of Divorce:
In a mutual divorce, both parties must have given consent and there shall not be any differences left in the matters related to contentions regarding alimony, custody of a child, maintenance, property, etc. Thus, there needs to be complete agreement between the spouses for the final decision on the dissolution of marriage. If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved. The divorce becomes final once the decree of divorce has been passed by the court.
Some of the Frequently asked Question for our Divorce Lawyers are
Under Hindu Law after marriage what is the period of time required to apply for divorce?
Under Hindu Marriage Act no petition for divorce can be submitted in less than one year of the marriage. However if the appellants claim is of remarkable trouble High Court is allowed to give leave to submit the case before the completion of one year.
How much time does it take to finalize a divorce claim?
In case of divorce by approval from both the parties, order of divorce could be acquired any time between six months to eighteen months. This duration may be further decreased relying on the demands of the circumstance. In contested divorce claims, divorce is usually acquired after 18 to 30 months and sometimes may be longer than that. Nevertheless, time component depends upon number of aspects like how strongly claim is being addressed, issue of maintenance, etc.
In India is it necessary that both the parties have to attend the court hearing for divorce?
If divorce is by shared consent then both of them are required to attend the hearing. However based on the area of filing, it is likely to prevent the presence of at the least one partner.
How many times should I visit the court hearing if I applied for divorce?
Minimum of 2 times is necessary. But depending on the location of filing, it can be cut back to one time.For the maintenance of wife and child what is the amount to be given during the course of divorce It relies on the details and situations of the case. After How much time a divorced person get, married again .The duration of claim as delivered under Hindu Marriage Act is 30 days from the day of the judgment.
Exactly what are the papers demanded for the application of mutual consent divorce?
Papers include Address evidence of husband, Address proof of Wife, Marriage Certificate and Four passport photographs of marriage of both partners.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
