As we all know, divorce is never easy. However, with the help of a right team such as Vakilsearch and with some quick calculations, this article will discuss whether or not it can be done after six months.
Mutual divorce is a type of divorce where both spouses agree to the divorce and neither spouse can petition for legal separation. This type of divorce is typically done after months or years of marriage. Mutual divorce is not always easy to get started on. Both spouses must agree to the divorce and must have lived apart for at least six months. There are also some restrictions on what can be done after the divorce is finalized, such as no contact between the spouses and no shared property. In this blog, check the process and filing of mutual divorce after 6 months of marriage.
Eligibility Criteria for a Mutual Divorce in India
- Mutual divorce is a legal process in India that allows spouses to end their marriage without going through a formal court proceeding. The eligibility criteria for a mutual divorce are relatively simple
- To qualify for a divorce, both spouses must have agreed to the divorce and must have been living apart for at least six months. If one spouse files for the divorce without the other spouse’s approval, the divorce will not be considered mutual
- Once both spouses meet the eligibility criteria, they will need to file a joint petition with the local court. The court will then determine whether or not the marriage is dissolved. Depending on the circumstances of the case, a divorce may only require minimal paperwork or may involve extensive paperwork and legal proceedings.
Can Mutual Divorce After 6 Months?
In India, a mutual divorce can be sought after a mandatory waiting period of six months from the date of filing the petition. This waiting period is stipulated under Section 13B of the Hindu Marriage Act, 1955. The purpose of this waiting period is to provide a window for reflection and reconsideration for the parties involved, giving them time to reconcile if possible.
After the completion of the six-month waiting period, if the couple still desires to proceed with the divorce and both parties remain mutually agreeable, they can jointly file a second motion for the dissolution of their marriage. During this second motion, the court reviews the case, and if satisfied, grants the divorce decree. The entire process, including the waiting period, is often referred to as a “cooling-off period” to ensure that the decision to divorce is well-considered by both parties.
It’s important to note that divorce laws can vary, and the information provided here specifically pertains to the Hindu Marriage Act in India. If the marriage falls under a different personal law or if the parties are married under a different legal framework, the procedures may differ. Additionally, it’s advisable to consult with a legal professional for accurate and up-to-date information based on the specific circumstances of the case.
What Is the Process of Obtaining a Divorce in India?
- To get a mutual divorce, both spouses must go through an attorney. The lawyer will help you draft a contract stipulating the terms of the divorce, such as how much money each spouse will receive, whether children will be paid child support, and so on. The contract must also be approved by both spouses
- Once the contract is signed and approved, the divorcing spouses must go to court and file for a mutual decree of divorce. This decree is a legal document that ends the marriage. After filing for the decree, both spouses can receive a decree of mutual dissolution (a final legal document ending the marriage)
- Mutual divorces are easier and cheaper to obtain in India than court-determined divorces. However, they are not always ideal. If you are considering a divorce, be sure to discuss all of your concerns with your lawyer before signing any contracts or filing for any decrees.
Advantages of a Mutual Divorce
- A mutual divorce can be an advantageous option for couples who are unhappy with their relationship. There are several reasons why a mutual divorce can be a good decision for couples
- First, a mutual divorce allows both parties to get what they want. It is important for each person to feel like they won the divorce. A mutually agreed-upon settlement will ensure that both parties receive what they deserve. This can be especially important if one party is significantly wealthier than the other
- Second, a mutual divorce can save both parties a lot of time and money. Both parties need to go through the court system to get a divorce. This can take months or even years, and it can cost a lot of money. A mutual divorce eliminates this need and saves both parties time and money
- Last but not least, a divorce can help repair relationships between the couple. A lot of damage can be done during a difficult divorce, and a mutual divorce can help restore some of the trust that was lost during the marriage.
Is the Cooling-off Period Mandatory in India
- The cooling-off period is not mandatory in India, but it’s often recommended to avoid any misunderstandings or bitterness between the couple
- The cooling-off period allows the couple to get to know each other again and see if they can reconcile. If the couple decides that they can’t reconcile, then the divorce can be finalized without any problems
- Several factors can influence whether or not a couple will be able to reconcile after going through a divorce in India. One of the most important factors is communication. If the couple isn’t able to communicate well, then it’s likely that they won’t be able to reconcile
- Another important factor is understanding each other’s needs and wants. If one spouse expects things from the relationship that the other spouse isn’t prepared to give, it will be difficult for them to reconcile
- Overall, mutual divorce in India is a process that can be done without any problems. The cooling-off period allows the couple time to get to know each other again and make sure that they are both on the same page before going
Conclusion
After months of research and contemplation, it has been decided that a divorce can be done in India. This decision is based on the Indian legal system, which recognizes the concept of live-in couples. Essentially, this means that both parties have an active role in the marriage, and therefore can mutually agree to end it. If you are considering a mutual divorce in India, it is recommended to contact an experienced team such as Vakilsearch who can help guide you through the process.
