Can Mutual Divorce be Done After 6 Months?

Last Updated at: May 20, 2020
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Can Mutual Divorce be Done After 6 Months

A lot of men and women in India are stuck in unhappy marriages. While society did look down upon Divorce in the past, the attitude is slowly changing. Therefore, it is now easier for people to walk away from unhappy marriages and take control of their lives. However, going through a divorce can be an emotionally draining period for everyone involved. The only way to make things easier on yourself and the ones you love is to become fully aware of the law and process related to divorce. Mayne people have queries related to divorce laws and how to file for separation. Here’s an article that aims to address such questions and help you understand the process a little better. 

  1. What is Mutual Divorce?

  2. Eligibility Criteria for a Mutual Divorce

  3. What is the Process of Obtaining a Mutual Divorce?

  4. Advantages of a Mutual Divorce

  5. Is the cooling-off period mandatory?

  6. Can you get a mutual divorce after 6 months of marriage?

What is Mutual Divorce?

First and foremost, let us try to understand what a mutual divorce is. A mutual consent divorce, much like the name suggests, is a type of divorce, wherein both the spouses agree for divorce. The spouses are in amicable terms and jointly appeal for a decree of divorce. Therefore, both the husband and wife give their full consent to a divorce and agree that they cannot live together anymore. It is an easier and smoother way to get a divorce, as the process is mainly procedural. To get a mutual consent divorce, the spouses have to file a joint divorce petition in their family court and then record their statements. They must state, under oath, that they both freely and with full consent agree to dissolve their marriage. All marriages solemnized in India can be annulled by mutual consent if both parties agree to the same.

Eligibility Criteria for a Mutual Divorce

Now that you know what a mutual consent divorce is let us take a quick look at what the prerequisites are for obtaining a divorce through this way.

  1. The parties must have lived separately for at least one year. We must note here that ‘living separately’ does not mean in different geographical locations. What the law means by this phrase is that the spouses have not lived as man and wife. The court cannot go beyond the first step unless the spouses prove that they have been living without honoring their conjugal rights for over a year.
  2. The parties cannot live together and do not feel that reconciliation is possible.
  3. Both the spouses give their free consent for the dissolution of their marriage.
  4. The parties have a right to withdraw the petition between the First and Second Motions. In case one of the parties withdraw their appeal, the other will have to fight a contested divorce, to dissolve the marriage. 

What is the Process of Obtaining a Mutual Divorce?

  • File a joint divorce petition together in the respective Family Court, after signing it. The request must also mention what the spouses will do regarding child custody and their shared assets.
  • They must then make an appearance in court, and record their statements, under oath.
  • The court will verify the documents and then pass the Order of the First Motion. 
  • There is a 6-month cool off period after this to allow the couple to reconcile and think about their decision. 

Get legal advice for mutual divorce 

  • The couple can file a second motion after 6 months for the final hearing.
  • In case they do not file a motion within 18 months, their application for divorce will stay canceled.
  • Once the court is sure that both parties give their full consent for the divorce at the final hearing, it will grant a decree for divorce, and dissolve the marriage. 
  • The average time to get a divorce via mutual consent can vary between six months and two years, depending on how good your documents are, and if the court is satisfied with your petition. 

Advantages of a Mutual Divorce

  1. Helps you save time
  2. Requires only two formal court appearances
  3. Since it takes less time, it costs less as well
  4. Hassle-free as there is not much cross-questioning
  5. Helps end the relationship amicably
  6. Provides speedy disposal of a divorce
  7. Removes the need for unnecessary quarrels

Is the cooling-off period mandatory?

Recently, the Apex Court decided that the cool-off period of six months between the First and Second Motion can be avoided if the Judge feels that it will only lengthen the affair. As per the verdict given by a bench consisting of Justice Adesh Kumar Goyal and UU Lalit, the cool-off period may or may not be provided. 

Can you get a mutual divorce after 6 months of marriage?

No, as per different divorce laws in India, to apply for a mutual consent divorce, the couple must have lived separately for at least one year. Therefore, couples cannot file a petition for mutual divorce within 6 months of getting married. As per Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, both parties can file for a mutual divorce only after living separately for a year. After this period, a court may prescribe another 6-month cool-off period as well. In case you wish to file for a divorce before this one year, you will have to go for a contested divorce and make your grounds very clear to the court. In some dire cases, such as torture, harassment, and other hardships, the court will grant a divorce even before the one-year mark. However, in such cases, the spouse will have to prove the grounds, such as cruelty, adultery, leprosy, or unsound mind. 


 

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Can Mutual Divorce be Done After 6 Months?

125

A lot of men and women in India are stuck in unhappy marriages. While society did look down upon Divorce in the past, the attitude is slowly changing. Therefore, it is now easier for people to walk away from unhappy marriages and take control of their lives. However, going through a divorce can be an emotionally draining period for everyone involved. The only way to make things easier on yourself and the ones you love is to become fully aware of the law and process related to divorce. Mayne people have queries related to divorce laws and how to file for separation. Here’s an article that aims to address such questions and help you understand the process a little better. 

  1. What is Mutual Divorce?

  2. Eligibility Criteria for a Mutual Divorce

  3. What is the Process of Obtaining a Mutual Divorce?

  4. Advantages of a Mutual Divorce

  5. Is the cooling-off period mandatory?

  6. Can you get a mutual divorce after 6 months of marriage?

What is Mutual Divorce?

First and foremost, let us try to understand what a mutual divorce is. A mutual consent divorce, much like the name suggests, is a type of divorce, wherein both the spouses agree for divorce. The spouses are in amicable terms and jointly appeal for a decree of divorce. Therefore, both the husband and wife give their full consent to a divorce and agree that they cannot live together anymore. It is an easier and smoother way to get a divorce, as the process is mainly procedural. To get a mutual consent divorce, the spouses have to file a joint divorce petition in their family court and then record their statements. They must state, under oath, that they both freely and with full consent agree to dissolve their marriage. All marriages solemnized in India can be annulled by mutual consent if both parties agree to the same.

Eligibility Criteria for a Mutual Divorce

Now that you know what a mutual consent divorce is let us take a quick look at what the prerequisites are for obtaining a divorce through this way.

  1. The parties must have lived separately for at least one year. We must note here that ‘living separately’ does not mean in different geographical locations. What the law means by this phrase is that the spouses have not lived as man and wife. The court cannot go beyond the first step unless the spouses prove that they have been living without honoring their conjugal rights for over a year.
  2. The parties cannot live together and do not feel that reconciliation is possible.
  3. Both the spouses give their free consent for the dissolution of their marriage.
  4. The parties have a right to withdraw the petition between the First and Second Motions. In case one of the parties withdraw their appeal, the other will have to fight a contested divorce, to dissolve the marriage. 

What is the Process of Obtaining a Mutual Divorce?

  • File a joint divorce petition together in the respective Family Court, after signing it. The request must also mention what the spouses will do regarding child custody and their shared assets.
  • They must then make an appearance in court, and record their statements, under oath.
  • The court will verify the documents and then pass the Order of the First Motion. 
  • There is a 6-month cool off period after this to allow the couple to reconcile and think about their decision. 

Get legal advice for mutual divorce 

  • The couple can file a second motion after 6 months for the final hearing.
  • In case they do not file a motion within 18 months, their application for divorce will stay canceled.
  • Once the court is sure that both parties give their full consent for the divorce at the final hearing, it will grant a decree for divorce, and dissolve the marriage. 
  • The average time to get a divorce via mutual consent can vary between six months and two years, depending on how good your documents are, and if the court is satisfied with your petition. 

Advantages of a Mutual Divorce

  1. Helps you save time
  2. Requires only two formal court appearances
  3. Since it takes less time, it costs less as well
  4. Hassle-free as there is not much cross-questioning
  5. Helps end the relationship amicably
  6. Provides speedy disposal of a divorce
  7. Removes the need for unnecessary quarrels

Is the cooling-off period mandatory?

Recently, the Apex Court decided that the cool-off period of six months between the First and Second Motion can be avoided if the Judge feels that it will only lengthen the affair. As per the verdict given by a bench consisting of Justice Adesh Kumar Goyal and UU Lalit, the cool-off period may or may not be provided. 

Can you get a mutual divorce after 6 months of marriage?

No, as per different divorce laws in India, to apply for a mutual consent divorce, the couple must have lived separately for at least one year. Therefore, couples cannot file a petition for mutual divorce within 6 months of getting married. As per Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, both parties can file for a mutual divorce only after living separately for a year. After this period, a court may prescribe another 6-month cool-off period as well. In case you wish to file for a divorce before this one year, you will have to go for a contested divorce and make your grounds very clear to the court. In some dire cases, such as torture, harassment, and other hardships, the court will grant a divorce even before the one-year mark. However, in such cases, the spouse will have to prove the grounds, such as cruelty, adultery, leprosy, or unsound mind. 


 

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