Mutual Consent Divorce
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In India, mutual consent divorce is the easiest way to divorce. When both husband and wife agree that things aren't working out in their marriage and it's time to call it quits amicably. When they decide to go on with mutual respect, accord, and dignity rather than making accusations against each other and going public with a family conflict.
Both the husband and the wife must jointly file a divorce petition with the court of law. If the couple has children, they must come up with a written agreement on how to raise them.
It's been six months. If you jointly filed a petition for mutual consent divorce under Section 13-B, the court will give you six months to think things over and make a decision following your first motion. After 6 months, you can file a second request for a final hearing and divorce order at any time within 18 months.
A woman may be entitled to alimony, a share of ancestral property, and a share of property earned while the pair was married.
If you want a rapid divorce, go for a mutual consent divorce. If you agree on the majority of issues and submit a joint petition, your chances of securing an early divorce skyrocket.
No reasons are required for a mutual consent divorce. If you've been living apart for a year or longer, both spouses can submit a divorce petition together.
No, if you marry without divorce, you may be charged of polygamy, which is a felony under Indian penal code section 494.
When a couple agrees to dissolve their marriage, they can file a mutual consent divorce petition in their jurisdiction's local city court or family court. The petition will be thoroughly examined by the court to confirm that the consent is indeed mutual. When the first motion is granted, the court gives both parties a six-month cooling-off period. Child custody, alimony, maintenance, shared property, and other difficulties can be resolved.
During the six-month term, either party can contest a mutual consent divorce.
It is feasible if the couple agrees to withdraw the petition. In the event of a misunderstanding, any side has the right to withdraw.
In this instance, the divorce decree will not be signed. A contested divorce action can be filed by the opposing party.
You can do so by filing a request with the same family court.
If the couple decides to divorce without alimony, they are free to do so.
The special marriage statute allows for the filing of divorce petitions for all interfaith marriages.
If one partner withdraws from the divorce by mutual consent and the other partner still wants to proceed with the divorce, they will have to file a new disputed divorce application.
After three months have passed since the Court's judgement, you are free to marry. In most cases, a three-month window is set aside in case one of the partners wishes to appeal the court's judgement. As a result, it is recommended that you wait at least three months before remarrying.