When both the partners, husband and wife, mutually decide that they cannot live together anymore and that the best solution for them is a divorce, they can present a mutual divorce petition jointly before the honorable court, without putting forth any allegations against one another. For example, if the partners are living separately for a year or more, and have further decided not to live together, and have mutually agreed that the marriage has been totally collapsed, they can be granted the divorce.
Research says that one of the fastest ways to get a divorce is through a mutual consent.
Requirements to be complied with for a Mutual Divorce:
Parties must be living separately for a year or more.
Parties have failed for any reason to live together. No reconciliation or adjustment is feasible between them.
Parties have freely consented to the agreement of dissolution of marriage. No one must have forced them for a divorce.
Parties should be at liberty to withdraw a petition. It can be withdrawn in the course of six months from the date of presentation of the petition.
How to file for mutual consent divorce:
Filing a joint petition: This joined petition is to be signed by both the parties. It contains a joint statement by both the parties, which says that they cannot live together anymore and should be granted a divorce. This statement also has the agreement to separate the assets, custody of children, etc.
Appearance of both the parties: The court fixes this date and parties appear along with their counsels.
Scrutiny of the petition by court: Court orders for the recording of statements of the parties an oath when the court is satisfied. First, court attempts to bring reconciliation but if they fail, divorce matter is proceeded with.
Recording of statement and passing of the order on first motion: Six month period is given to the parties, after which they are required to file the second motion. This can be filed within 18 months.
Appearing for second motion: It involves the parties appearing and recording of statements before the court. One of the parties may withdraw their consent at any time before passing the decree.
Decision of the court: On the basis of statements recorded, particular facts and circumstances of the cases, court gives the orders and dissolves the marriage. The court then passes the decree of divorce and now divorce becomes final.
Documents required for mutual divorce:
Address proof of husband
Address proof of wife
Details of profession
Earnings of husband and wife respectively
Evidence to prove that husband and wife are living separately for more than one year.
Income tax statements
Advantages of mutual divorce:
It removes unnecessary quarrels.
It saves a lot of time.
It saves monetary resources.
It saves a lot of money and mental stress.
Parties have it in their hands to decide sensitive issues like child custody, maintenance and other important issues.
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