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DIVORCE WITH MUTUAL CONSENT

Authority for Mutual Consent Divorce- Divorce petition is filled in the family court of the district where the marriage took place or where both the spouse last lived together or where wife is residing at the time of divorce. Minimum Time Duration for Filing for Divorce After the marriage if husband and wife intending to dissolve the marriage legally have to wait for a minimum period of 1 year from the date of marriage. For the Divorce they have to prove that they are not living together for than a period of 1 year or more before the filling of the petition for divorce.

Procedure of Divorce

  • 1

    Petition

    A joint petition in family court is filed asking for the divorce stating the grounds of divorce. Statement contains the compatibility issues due to which they cannot stay together.

  • 2

    Hearing of parties

    Once the joint petition is filed, the court fixes the hearing of parties called 1st motion hearing. Parties may appear with their Councels.

  • 3

    Cooling period of 6 Months

    After the first hearing, court gives a cooling period of minimum 6 months in attempt to bring reconciliation between the parties.

  • 4

    Second Motion Hearing

    After the completion of 6 months if parties don’t agree to come together then they appear for second motion or final hearing.

  • 5

    Order of Dissolution

    Finally, based upon the statement by the parties, Court may order the dissolution of marriage and spells out how the property and debts are to be divided, custody of child and other issues.

Documents Required for Divorce

  • Address proof of both husband as well as wife,
  • Their Marriage Certificate,
  • Photographs of their marriage,
  • Evidence that they are living separately for more than 1 year
  • Evidence of the failed attempts of reconciliation,
  • Details of professions and present earnings of husband and wife
  • Income Tax Return of last 3 years, and details of profession
  • Details of property and assets of the parties
  • Other Documents depending upon case to case basis
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