Getting a divorce with mutual consent is one of the simplest and quickest ways to dissolve a marriage in India. Unlike a contested divorce, where one party challenges the divorce, a mutual consent divorce is filed when both parties agree to separate amicably. Here’s a step-by-step guide on how to get a divorce with mutual consent in India.
1. Eligibility for Mutual Consent Divorce
Under Section 13B of the Hindu Marriage Act (for Hindus, Buddhists, Jains, and Sikhs), a couple can file for divorce by mutual consent if:
- Both parties have been living separately for at least one year.
- Both parties have mutually agreed to dissolve the marriage.
- There is no chance of reconciliation, and both parties are willing to move forward amicably.
If either party is not in agreement, the mutual consent divorce process cannot be initiated.
2. Consult a Divorce Lawyer
The first step is to consult an experienced divorce lawyer who specializes in mutual consent divorce cases. A skilled lawyer will help ensure that the petition is correctly drafted and that all necessary documents are prepared for submission to the court. The lawyer will also guide you through the legal requirements and proceedings.
3. Drafting the Divorce Petition
Both parties will need to sign a divorce petition stating that they mutually agree to the divorce and have settled all issues related to alimony, child custody, property division, and maintenance. The petition should be filed in the Family Court of the relevant jurisdiction (usually where either party resides).
The petition must include the following:
- Details about the marriage, including the date and place.
- Grounds for divorce (mutual consent).
- Agreement on division of property, maintenance, and child custody (if applicable).
4. File the Petition in the Family Court
Once the petition is prepared, your lawyer will file it in the Family Court along with all required documents and an affidavit. Both parties must be present to sign the petition.
5. Court Hearing and Waiting Period
After the petition is filed, the court will schedule a hearing. There is typically a 6-month waiting period from the date of filing, during which both parties can reconsider the divorce. However, the court may waive this waiting period in cases where both parties are certain about their decision to divorce.
During this period, the court will ensure that both parties are in agreement and that no coercion has taken place. The court will also address any matters such as alimony, child custody, and property division.
6. Final Hearing and Divorce Decree
After the 6-month period (or earlier if the court waives the waiting time), both parties must appear for a final hearing. If the court is satisfied that all terms have been met and that both parties wish to proceed with the divorce, it will issue a decree of divorce.
This decree officially ends the marriage, and both parties are free to remarry.
Why Choose Shashi Kiran for Mutual Consent Divorce?
If you are looking for a divorce lawyer for mutual consent in India, Shashi Kiran is an experienced and compassionate advocate who can guide you through the entire process. Whether you’re facing challenges in agreeing on divorce terms or need assistance in filing the petition, Shashi Kiran ensures that the process is smooth, fair, and respectful.
Contact Shashi Kiran for Divorce Assistance
For expert legal help in getting a divorce with mutual consent, Shashi Kiran is here to assist you. Contact us today to discuss your case and take the first step towards a peaceful resolution.