You asked: What is the procedure of mutual divorce?

How long does it take for mutual divorce?

Though contested divorce matters can take forever to reach fruition, divorce through mutual consent can be obtained within a short span of 1 to 2 months.

What are the conditions for mutual divorce?

What are the requirements to remember in a mutual consent divorce?

  • The husband and wife must have been living separately for at least 1 year.
  • There must be no coercion, fraud or undue influence between the spouses and there must be free consent to get the mutual consent divorce.

Can mutual divorce be done without going to court?

It can not be done on any stamp paper or without Court’s involvement. Both of you need to file a joint petition for divorce before the court and it takes 6 months for a divorce decree to be passed by the court. This 6 Months period can also be waived off by the court on it’s discretion depending on the circumstances.

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What are the conditions for mutual divorce in India?

Requirements to be complied with for a Mutual Divorce:

  • The parties have been living separately for a period not less than one year. …
  • The parties have failed for any reason whatsoever to live together. …
  • The parties have freely consented to the agreement of dissolution of marriage.

Can wife claim maintenance after mutual divorce?

However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance. When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. … Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .

How do I pay in mutual divorce?

There is no system of deposit the money with court in the case if mutual divorce. Make two halves of the whole money. Pay first half at the time of filing the petition or after quashing the 498A case and remaining half at the time of final hearing of divorce suit.

How long does a mutual divorce take in India?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

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How can I convince my wife for mutual divorce?

If she is not ready for divorce by mutual consent. You can file a divorce petition against her if you have a ground. You are supposed to pay the maintenance which court will decide. But if you really want to live separate , divorce petition is the only option.

Is lawyer required for mutual divorce?

Since a mutual divorce requires only one lawyer, the couple can decide who will bear the cost of litigation.

Can mutual divorce be done in 3 months?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

How can I get mutual divorce in 3 months?

Advocate Hemant Chaudhary

U can file even now a petition under section 13 H.M.Act but along-with petition, You have to file an application of Section 14 H.M.Act because your marriage was solemnized in 2017. You have to file and exceptional hardship to live with her on grounds of your petition.

Can mutual divorce be challenged?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision.

How much does a divorce cost?

The average (mean) cost of a divorce is $12,900. The median cost of a divorce is $7,500. An uncontested divorce or one with no major contested issues costs, on average, $4,100. Disputes over child support, child custody, and alimony raise the average cost of a divorce significantly.

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Is alimony mandatory in mutual divorce?

Once you have decided to file for divorce by mutual consent, then you can agree to all the terms & conditions. You need not pay any alimony/maintenance unless your wife wants it.