Mutual Divorce
Divorce can be a challenging phase in life, but when both partners mutually agree to separate, the process becomes smoother and less stressful.
What is Mutual Divorce?
Mutual Consent Divorce is a legal procedure where both spouses agree to part ways without disputes. As per Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, a couple can file for divorce by mutual consent if they have been living separately for a specific period and cannot reconcile their differences.
Key Requirements for Mutual Divorce
- Minimum Separation Period – The couple must have lived separately for at least one year (as per the Hindu Marriage Act) or one year under the Special Marriage Act.
- Mutual Agreement – Both parties must voluntarily agree to the divorce and its terms.
- No Coercion or Fraud – The decision to separate must be free from force, fraud, or undue influence.
- Settlement on Key Aspects – Agreements on alimony, child custody, and property division should be finalized before filing.
Legal Procedure for Mutual Divorce
- Filing of the Joint Petition – The spouses submit a petition in the family court stating their mutual consent for divorce.
- First Motion Hearing – The court records statements from both parties and reviews the agreement on child custody, alimony, and assets.
- Cooling-Off Period – A mandatory waiting period of six months (which can be waived in exceptional cases) is given for the couple to reconsider their decision.
- Second Motion Hearing – After six months, both parties must appear before the court again to confirm their decision.
- Final Decree – If the court is satisfied with the terms, it grants the divorce, officially dissolving the marriage.
Benefits of Mutual Divorce
✔ Quick and Efficient – The process is significantly faster than contested divorce cases, which can take years to resolve.
✔ Cost-Effective – Legal expenses are minimized since lengthy court proceedings are avoided.
✔ Less Emotional Strain – Since both parties agree, it reduces emotional distress and mental trauma.
✔ Private and Confidential – The details of the separation remain private, ensuring dignity and respect for both individuals.
✔ Peaceful Resolution – Encourages a dignified and amicable separation, especially beneficial when children are involved.
Why Choose Us for Your Mutual Divorce?
Our experienced legal team ensures a smooth and hassle-free divorce process, guiding you through each step with professionalism and empathy. We help draft legal agreements, represent you in court, and ensure all formalities are completed efficiently.
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