Divorce Mutual Consent
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution being Divorce . if the husband and wife have been living separately for one year or more and they are further unable to live together, and both have mutually agreed that the marriage has collapsed, they can be granted the divorce.
Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
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In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.
Remarriage without getting divorce is punishable with seven years imprisonment.
It takes from six months to one year from the date of filing of the petition. It depends on case to case and place to place.
Yes , there are different laws of divorce for different religion. Hindus (which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955 and Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986 and the Parsis are governed by Special Marriage Act,1954.
You and your spouse can dismiss the divorce after the papers have been filed. Simply request a dismissal form from the county clerk anytime before a judgment has been entered. If no response has been filed, then the petitioner alone can file the dismissal form. If a response has been filed, then both spouses must sign the dismissal form.
It depends on the lawyer to lawyer in India there is no fix fees schedules.
Process of Mutual Divorce Consent :
Step 1: Petition to file for divorce.
Step 2: Appearing before Court and inspection of the petition.
Step 3: Passing orders for a recording of statements on oath.
Step 4: First Motion is passed and 6 months is given before the Second Motion.
Step 5: Second Motion and the Final Hearing of petition.
Step 6: Decree of Divorce.
Documents are required for Mutual Divorce :
The following documents would be required for a divorce by mutual consent:
●Address proof of husband.
●Address proof of wife.
●Details of property and assets of the parties.
●Evidence proving failed attempts of reconciliation.
●Certificate of Marriage.
●Photographs of marriage between husband and wife.
●Details of professions and present earnings of husband and wife.
●Family background information.
●Evidence to prove that the husband and wife have been living separately for more than one year.
●Income tax statements.
●Certain other documents may also be required, depending upon the facts and circumstances of the particular case.