A divorce by mutual consent is one that is filed amicably by both the husband and wife, without opposition from either. Therefore, such a petition is filed by both parties. It is a demanding procedure, both mentally and physically, but much less complicated than the long-drawn litigation that follows when there is no consent from one of the parties. To file such a petition, however, the two should have been separated for at least one year. Therefore, a couple cannot simply decide on one day while living together to file a petition for divorce.
What is the Procedure for Mutual Consent Divorce?
1. Filing the Petition Your lawyers will have you file for divorce at one of the following locations: 1. Where the husband and wife last resided. 2. Where the husband and wife were married. 3. Where the wife currently resides. 2. Grant of First Motion Now that the two parties have filed the petition, they must record their statements in the presence of the judge. As noted previously, it is assumed that the two parties wish to get a divorce of their own volition (i.e. with mutual consent). Therefore, the parties need to state that they agree to the divorce freely. The parties will be required to state their reasons for the divorce and the terms on which they have agreed to separate (visitation rights, custody, etc). In case the parties cannot be in attendance at the court, they may grant power of attorney to any other person (preferably a family member) to speak for them. Once heard, the court grants the First Motion. 3. Cooling-off Period The couple is expected to attempt reconciliation during the ensuing six to eighteen months, before they file the second motion, at which point the divorce will be granted. Therefore, the couple must wait at least six months before they can approach the courts once again with the second motion. If either the husband or wife declares to the court that the other was un-cooperative in reconciling, the court may disallow divorce with mutual consent. 4. Second Motion With the end of six months — and up to eighteen months — the couple can file the second motion and the judge will dissolve the marriage.
Divorce Court in Bangalore
Family Court, H Siddaiah Road, Sudhama Nagar, Bengaluru, Karnataka 560027 Phone: 080 2223 4656
Cost of Divorce in Bengaluru
It is difficult to estimate the cost of a divorce in Bengaluru, given that it depends on a number of factors, including lawyer’s fees, most divorces tend to cost Rs. 10,000 to Rs. 100,000 in India.
Preparing for Mutual Consent Divorce
A mutual consent divorce requires the husband and wife to be on talking terms. They must agree on a number of important matters, such as maintenance, custody and visitation rights and the separation of finances. This means much discussion even before getting a lawyer. Expect it to uncomfortable, but it is important to try hard to reach an agreement, because the other route (without mutual consent) is an enormously difficult one that could end up taking years. Furthermore, in a mutual consent divorce, it is much easier to get fairer terms in case of custody of children. It is possible to have shared parenting or joint custody rights. As for the financial aspects of the divorce, you would need to decide the alimony, expenses of the children and how the money will be transferred. It is, of course, not necessary that the husband be solely responsible for this. It can be based on capacity to pay.