Mutual Consent Divorce

Divorce India

Divorce India is a tool to help people who are unable to conveniently access the judicial system or the court easily.

We can assist you by obtaining legal counsel and ensuring that the entire procedure runs smoothly for your Divorce.

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+91 96200 77899

Providing Professional & Affordable Legal Solutions since 24+ Years.

A joint petition for divorce by mutual consent is filed in Family Court when both parties agree to divorce and end their marriage. This joint petition also stipulates that the couples must agree on child custody and support.
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Why Choose Us

Steps of Divorce Handled by Us

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1. QUESTIONNAIRE

Once you've decided on a service, we'll send you a questionnaire to collect your information.

2. DRAFTING OF JOINT PETITION AND APPROVAL

A petition will be drafted and shared with you for your assessment and approval. This petition will include an agreement on asset distribution, child custody, and a maintenance amount.

3. DISPATCH OF DOCUMENTS

The signed copy of the petition, as well as the needed papers, must be sent to us by you through courier.

4. FILING DIVORCE PETITION

The joint petition will be filed in the relevant Family Court once the materials are received.

5. APPEARANCE OF PARTIES

You and your spouse, as well as your attorney, will appear in front of the Family Court.

6. RECONCILIATION PERIOD

The Court will allow you a six-month opportunity to reconsider your divorce decision. If the court deems it necessary, the duration may be reduced to as little as one month.

7. APPEARANCE OF PARTIES IN COURT AFTER 6 MONTHS

Following the reconciliation period, you and your partner, along with your lawyer, will go to court and file a formal request to complete your divorce.

8.GRANT OF DIVORCE

A mutual consent divorce order would be given whenever the court is satisfied that all divorce conditions have been met.

Testimonial

"My spouse and I used Divorce India to petition for a mutual consent divorce. Despite the emotional anguish and sadness, Divorce India made the divorce procedure easier. It was a well-run service, and I was extremely pleased. Will suggest it to anyone who has had the misfortune of going through anything similar."
-Husband from Bangalore
"Divorce India understands how difficult it is to go through a divorce. It's not so much the other things that make me suggest them; it's the fact that they listened to me and were empathetic. The crew worked well together. Everything went smoothly and transparently, from the paperwork to the legal procedure."
-Wife from Bangalore
They appoint a dedicated case manager, which I appreciated, however, the process takes a long time, so please speed up the process. The service was excellent. The staff is quite professional. They have filed for an amicable divorce and have strong counsel on their side."
-Wife from Bangalore

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FAQs

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.

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