Divorce is often considered a messy process. People tend to not get their hands dirty and choose for a safer option called ‘compromise’. This safer option is chosen after considering the families involved.  

Divorce in India is surrounded by a lot of shame and stigma. This shows in the figures of Divorce rates, which is 1% in India compared to 45% in United States.  

In hindsight, there are some smart couples who mutually agree to divorce. When you decide mutually to end the marriage, the hectic process becomes a smooth ride.  

This blog talks about how to file mutual divorce. Although it seems like a smooth ride, it has some bumps in the way as well and this blog covers it all.  

What is Mutual Consent Divorce? 

Mutual Consent Divorce is the type of divorce where the husband and the wife mutually agree to end their marriage. It can only be filed after one year of marriage. 

What are the Conditions for filing Mutual Consent Divorce? 

1. The couple has been staying separately for at least one year. 
2. Both the husband and wife have agreed to mutual divorce.  
3. They cannot live together due to indifferences. 

How to File Mutual Divorce in India? 

The procedure for divorce filed by Mutual Consent under Hindu Marriage Act,1955, Indian Divorce Act,1869, Parsi marriage and divorce act,1936, Muslim Personal Law and Special Marriage Act, 1954 have similar procedure.  

Step 1: Draft a petition with the reason for divorce. And both parties should agree to it. 

Step 2: Filing of the petition in family court jointly with the help of respective lawyers.  

Step 3: Once the court goes through the petitions and related documents, it will give the go-ahead to record the oath statement.  

Step 4: A six-month reconciliation period is usually provided to both parties. However, the Hon’ble Supreme Court has ruled that this cooling-off period can be waived if both parties mutually resolve their differences.  

In such cases, the court believes that the cooling period would only add to their hardships, making it unnecessary.  

Step 5: If the parties fail to reconcile during the six-month cooling-off period, they must appear in court for the final hearing. This second motion must take place within 18 months of filing the divorce petition.  

Step 6: At the final hearing, the court passes divorce decree, dissolving the marriage effectively. 

Also Read: How to Prevent Online Banking Frauds? 

What are the Documents Required for Mutual Divorce? 

1. Residence proof of both 
2. Marriage certificate 
3. Wedding photographs of husband and wife 
4. Proof of failed mediation and reconciliation 
5. Evidence to show that the husband and wife are living separately for a year. 
6. Details of possessions and present incomes 
7. Family background details 
8. Income tax statements of both 
9. Details of property and assets owned by each spouse 

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How Much Time Does It Take to Obtain a Divorce Decree? 

The expected time taken for obtaining a divorce decree is approx. 6 months in case of mutual consent divorce. Although, it ultimately depends on the nature of the cases wherein if divorce is seeked without mutual consent then the time taken in such a case is more than the time taken in divorce through mutual consent as it involves hearings wherein both the parties need to reach same ground at first.  

What are the Important Aspects of Divorce? 

1. Maintenance/Alimony 

Maintenance or Alimony is a form of financial assistance. If either of the spouses is unable to meet the expenses, then the other one will have to provide some kind of maintenance to them. They can either give it in regular intervals or at one time. 

2. Child Custody/Parental Care 

Child custody is an important aspect of divorce that should be discussed beforehand. This decision will impact the child for a longer period of time. While deciding, the court will take into consideration the child’s welfare, financial status of the parents or the environment. 

3. Division of Property 

Division of property among husband and wife is a complex process. It totally depends upon the duration of marriage, total property owned by the couple, needs of children, etc.   

Conclusion 

Divorce is never an easy decision, but mutual consent divorce can make the process more manageable for both partners. It allows couples to part ways respectfully, provided they meet the necessary conditions and follow the legal steps.  

While the process is often quicker, typically around six months, it still involves important considerations like alimony, child custody, and property division, which can have a lasting impact. 

 With mutual understanding, proper documentation, and legal guidance, couples can navigate this challenging time more smoothly. Ultimately, the goal is to ensure a fair resolution that allows both individuals to move forward with their lives. 

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