Procedure for divorce by mutual consent
Divorce by Mutual Consent:
We try to present procedure for divorce by mutual consent and frequently asked questions related to the same. The very first thing you will require is to choose a lawyer.
- Meet a lawyer and get a mutual consent divorce petition drafted which contains the terms and conditions of the couples.
- Date will be fixed to file this petition after the couple consent to the terms and conditions.
- Once the divorce is filed in the court, a case number is generated and a date of hearing.
- Attend the hearing in the court on that date. You will be presented in front of the Honorable judge who will ask you simple questions before accepting your suite.
- If there is no discrepancy in the answer of both the couple then the suite is moved to the next date after 6 months cooling period.
- Attend on the given date to get a decree. Honorable Judge will award the decree after asking some simple questions
Do we need to stay together during the cooling period?
No the couple need not stay together during the cooling period.
Are there any pre-requisites for mutual divorce?
The only pre-requisites are the couples should hold valid marriage certificate and pictures which prove they are married and they should have internally settled any claims or demands within themselves. These claims or demands will be mentioned in the Matrimonial Case draft and if there are no claims or settlements that also should be mentioned in the Matrimonial suite.
What is the timeline for the decree?
The final divorce decree might take any where from min 6 months (after date of court attendance ) to 18 months.
Can there be any claims on me in future after divorce ?
Yes we have had multiple cases in where claims have been raised by one of the couple after getting divorce decree. Mutual Consent divorce although sounds simple needs to ensure the future safety of both the couple. This is a reason we recommend getting this filed by a highly experience lawyers as they are apt in covering most of the critical points which might result in claims later after separation.