Mutual divorces have become an unavoidable situation in our lives. More and more people have come out of their irreconcilable relationships. How to file a petition for divorce? What is the process for the same? Let us learn about the process of mutual divorce application in detail.
Overview:
How to Apply for Mutual Divorce in India? – A divorce is a life-changing event in anybody’s life. However, women have more liberty to file a petition for divorce. Moreover, they have the freedom to come out of unhappy marriages, unlike in earlier days when they had to live in a relationship for the sake of society.
Furthermore, mutual divorces have become more common. A Divorce Application is the document where the husband and wife decide to amicably separate from each other. Now how to apply for Mutual Divorce? Let us learn in detail.
How to Apply for Mutual Divorce?
For filing a mutual divorce application, you have to consider certain conditions. For instance, the need for alimony, child custody matters, maintenance of shared properties, and dividing assets among the couple. Once the couple meets these conditions, they can begin filing for a mutual divorce application. These are the step-by-step process of filing for mutual divorce:
- File a Petition
The mutual divorce process begins with filing the divorce petition. They can start by filing for the same at the court where the couple lived, the court where the couple’s marriage was solemnized, and the court where the wife currently resides. If the couple feels they cannot live with each other anymore and have further agreed to dissolve their marriage, amicably can file for a mutual divorce application.
If the husband and wife have been living separately for over a year, they can file for the same. Moreover, the process should involve the presence of both parties.
- Court Hearing and Inspection
The second step of the mutual divorce application is the court hearing and inspection. With the help of the family lawyers, the couple will appear for the court hearing, and the court will go over the petition and its supporting documents before the court. It further tries for the reconciliation of the couple. But if not possible, then the mutual divorce procedure continues.
- Statement Recording
By further scrutinizing the divorce petition by the court, they will pass an order to record the party’s statements of the couple. This statement can be used for further divorce proceedings.
- First Motion
Once the couple’s statements are recorded, the court passes the first motion. Following this step, the couple has to wait for 6 months before filing for the second motion. Moreover, the second movement has to be submitted 18 months after the first motion.
- Final Hearing
The second motion is the step toward the final hearing. Once the couple files for the second motion, the couple will go ahead for the final hearing. This process includes the couple stating their case and further recording the statements in the family court.
- Divorce Decree
The procedure reaches the final stage when the couple states that there are no differences in dissolving the marriage. Further, when the court is satisfied with the proceedings, they pass the divorce decree and declare that the marriage is dissolved.
Here, are the step-by-step procedures for apply for Mutual Divorce petition.
Filing for a Divorce
The couple can file the mutual divorce petition as per section 13-B of the Hindu Marriage Act, 1955. As per section 13-B of the Hindu Marriage Act, 1955, a couple mutually decides to file for divorce with mutual consent. Then, they can file for a mutual divorce application. Moreover, if the couple is living separately for more than one year, they can also file a petition for divorce.
Once you file for the divorce petition, the documents’ first draft must be presented in front of the law. Further, the grounds on which the divorce petition has to be filed must be based on valid. After the petition is filed, the court will scrutinize it. Further, their statements are recorded and passed the order for the first motion. Finally, when the court is satisfied with the proceedings, it will declare the marriage dissolved.
Moreover, once the court finds no inequalities between the couple regarding assets, children, and alimony, it legally ends the couple’s marriage. Finally, it passes the decree of divorce. Furthermore, a mutual divorce is the fastest way to get a divorce. Because when there is mutual consent for the dissolution of the marriage, the procedure will speed up on its own. Another benefit of the Mutual divorce petition is the six months cooling period. It opens the possibility of reconciliation.
Further, in case of a change of mind from both sides, they can avoid divorce. But consult your lawyer for the same as they will suggest what you should do.
Most importantly, consult an expert law firm like Vakilsearch that can handle sensitive cases like mutual divorces in a better way. They will understand both sides and help in speeding up the process. Further, they will also help the couple understand the legal sides of their case, loopholes to look for, etc.
Conclusion
By filing for the Mutual divorce application, you can come out of the complicated marriage without compromising your mental health. Further, by following the step-by-step procedure of the mutual divorce procedure, you can ensure that you legally separate from your spouse and have equal rights over assets, property, and children. Moreover, if the couple decides to get separated amicably, they should go for a Mutual divorce rather than a contested one.
Because the entire process of divorce is indeed very painful and stressful in itself, however, the contested divorce can take more time and energy. Further, it can be a turmoil for children and the couple to wait for a long duration to end the already-damaged relationships. After all, anybody would want their spouse and children to have a stress-free process. Mutual divorce is the best way to make both the couple’s and their children’s lives easy at once.
Finally, who doesn’t like to come out of a highly stressful relationship without added complications? So, if you are looking for an easy way to dissolve your marriage amicably, then file for mutual divorce. Moreover, consult expert lawyer companies like Vakilsearch, as they will help deal with the procedure without any complications.
Thus, if you are looking for a good law firm for your divorce proceedings, then consult law firms like Vakilsearch. They will not only help you to apply for mutual divorce application but also help you throughout the process.
