How to Obtain an Uncontested Divorce Effortlessly in India
We empathize with the challenging emotional journey you may be undergoing due to your divorce. Our aim is to assist you by providing guidance on the appropriate legal procedures, thereby making your life more manageable. Our team of experts is dedicated to equipping you with all the necessary information, including where and how to initiate the divorce proceedings.
Essential Documents Required:
1. Marriage certificate
2. Wedding photographs
3.Husband and wife’s Adhaar cards
4.Proof of unsuccessful attempts at reconciliation
How Y/our Lawyer helps in Mutual Consent Divorce?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
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Important Conditions Before Filing A Mutual Divorce
Living Separately For At least 1 Year: In order to pursue a mutual divorce, it is essential that both the husband and wife have been living apart for a minimum period of 1 year. They need to provide evidence to the court to establish that they have been leading separate lives and have refrained from exercising their marital rights during this period.
No Adjustment Is Possible: The couple must demonstrate to the court that they have exhausted all possible avenues to reconcile and live together. They should convincingly prove that despite their efforts, it is no longer feasible for them to continue their marital relationship and that no further adjustments can be made.
Approval Of Both The Partners: The mutual consent and agreement of both spouses are fundamental for the divorce process to proceed. It is crucial that both partners willingly and voluntarily express their readiness to separate from each other.
Necessary Issues Must Be Solved Among The Partners
Custody Of Child: It is essential for both partners to engage in discussions regarding the custody and guardianship of their child. They must come to a mutual agreement on which partner will assume the responsibility of being the custodial parent. This decision should be reached amicably, with both parties expressing no objections or concerns.
Maintenance & Alimony Fees: In order to meet their daily and monthly expenses, one partner may provide financial support to the other in the form of maintenance and alimony fees. The determination of these fees should be the result of thorough discussions and negotiations between the spouses, ensuring that both parties are in mutual agreement and acceptance.
Settlement Of Assets & Property: The division and ownership rights of assets and property should be a subject of careful deliberation and communication between the partners. It is crucial for them to engage in discussions to reach a fair and equitable settlement that satisfies both parties. By discussing their respective interests and concerns, they can work towards a mutually agreed-upon arrangement.
List Of Important Documents For Mutual Divorce
- Address Proof – Both Husband & Wife Needs To Submit This
- Marriage Certificate
- Statement Of Income Tax Return
- Details Of Profession & Income Details
- Property & Asset Details
- Proof That They Are Living Separately For Atleast 1 Year
What Is The Procedure To File A Divorce?
- Filing a petition: The couple is required to jointly file a petition in the family court, clearly stating the reasons for their separation and reaching an agreement on matters such as child custody and property division. Both the husband and wife must sign the application.
- Court Appearance: After submitting the divorce petition, the couple must appear in the family court. The court will assign a date for the hearing of their case.
- Case Hearing: On the scheduled date, both the husband and wife need to be present in the family court. The court will review the documents provided by the couple, record their statements, and make efforts to facilitate a resolution. If reconciliation is not possible, the court proceeds with the divorce proceedings.
- First Motion: Following the hearing and examination of both sides, the first motion is initiated. The couple is given a period of 6 months before they can file the second motion. It is mandatory to file the second motion within 18 months of filing the initial divorce petition.
- Second Motion: If the couple remains firm in their decision to separate even after the 6-month period, they proceed with the second motion. During this motion, the court records the final declaration of the couple, which enables the court to conclude the case.
- Final Decision: After careful consideration and hearing the parties involved, the court makes a final decision whether to grant the divorce or not. If the court deems it appropriate to dissolve the marriage, the judge issues an order for the marriage to be legally dissolved.
What Are The Advantages Of Mutual Divorce
Time-Saving: Opting for a mutual consent divorce can significantly reduce the time required for the entire process. Typically, it takes approximately 6-8 months to complete a mutual divorce, allowing you to swiftly move forward with your lives.
Less Stressful: When both partners agree to separate and have no disagreements concerning child custody, property division, and maintenance fees, the process becomes much less stressful. The absence of contentious issues eases the emotional burden and promotes a smoother transition.
More Economical: Choosing a mutual consent divorce can also be financially advantageous. Since the process is streamlined and requires less time, the associated costs, such as legal fees, can be significantly reduced. This allows you to save money and allocate resources towards other aspects of your life.
