Read this blog to understand how you can peacefully complete your cooperative divorce in India in a few steps.
Divorce refers to the legal process of separation of a couple after marriage. Section 13 of the Hindu Marriage Act, 1955 enumerates the reasons for an unhappy marriage. It has given the right to couples to file a cooperative divorce application if the need arises. They should clearly point out their set of troubles and disturbances in marriage. Only then will they be able to start the cooperative divorce process and complete the essential steps.
What Is The Difference Between Cooperative Divorce And Contested Divorce?
Divorce involves both parties and can be done in two different ways. You can either file your mutual consent divorce application where there is the mutual consent of both the husband and wife to end the marriage. On the other hand, you can also file for a contested divorce where only one party is willing to put an end to the marriage.
The former is comparatively a peaceful process, where you need to follow certain simple steps to file for divorce. It is also less expensive, and the process is not painful as otherwise.
Requirements For Getting A Cooperative Divorce
Section 13B of the Hindu Marriage Act clearly states the prerequisites in order to apply for a cooperative divorce. They are as follows:
- The concerned couple should have lived separately for a long time. The Act also mentions one year to be a minimum time period for their separation.
- The husband and wife must enumerate the causes for filing a divorce. This means that they should point out their difficulties in staying together in marriage. It can be problems faced by the husband or wife or both.
- The couple should mutually agree that their marriage has deteriorated, and the best way to solve it is to get a divorce. It is a very important declaration that the couple needs to make in order to get a divorce. They should be consistent in this regard.
How To Begin The Cooperative Divorce Process?
If both parties are willing to end the marriage, they should file a divorce petition in court. It can be located where the couple recently lived. The Court can also be one where they both had their marriage registered earlier. Or it can also be located near the residence of the wife in question.
Detailed Cooperative Divorce Process
Once you are aware of the legal provisions regarding mutual consent divorce, you are ready to file for a divorce as soon as possible. Following are the simple steps that you need to go through when you want to apply for a cooperative divorce:
- Drafting and Petition Filing: You need to submit the draft of a joint petition at a family court: https://districts.ecourts.gov.in/ for filing your divorce. You must be able to state the right reasons for your inability to stay further in marriage. Take help from an experienced lawyer and prepare your petition with strong facts. It needs to be signed by both parties, which is not a problem in case of mutual consent divorce.
- Issue of Court Notice: One party will issue a summons for court notice to the other party. This is a kind of formality during cooperative divorce application to let the other party know about the divorce initiation.
- Court Inspection: Once you have filed the petition, the Court will scrutinise the application and call for both parties. You need to state your reasons for filing a divorce. The Court will also record the statements of both parties as oath and affirmation.
- First Motion: The Court will pass the first motion if your petition is perfectly done. Both parties will be given six months before they can file for a second motion. It is done so that you get an opportunity to settle disputes, if possible.
The Supreme Court has recently declared that this six months period can be avoided if the courts deem it necessary. If the courts think that the suffering will only increase during this time, or your agreements are all done, then this waiting period can be canceled. If there is no chance of renewal of the marriage, you can file for a second motion within 18 months of the first motion.
- Second Motion and Final Hearing: If the parties decide to extend further with the divorce, they can file a petition for a second motion. The Court will decide whether all the facts stated by both parties are true. It will proceed with a final hearing where your divorce aspects will be accurately scrutinized. If all statements are true and your cooperative divorce application matches the requirements, you will get a divorce soon.
- Decree of Divorce: If the Court is satisfied with the divorce petitions and the causes behind each problem, it will provide a decree of divorce. It means that your divorce is finalized, and only paperwork remains to be done. You should be able to convince the Court with your arguments stating your allegations. Only then will you receive the decree of divorce, and you can legally end your marriage.
Things to Keep in Mind While Filing For a Cooperative Divorce Application
There are certain crucial points that you need to remember once you have decided to get a mutual consent divorce. They are as follows:
- Child custody: If you have a child through marriage, you will have to mutually decide who gets to be the custodian of the child. The Court will invariably question your decision, so you need to be very confident. Take the help of your lawyer in this regard.
- Alumni or maintenance charges: If the husband or wife is financially incapable of living alone, the other person needs to provide help. You will have to decide the charges and alumni that need to be paid after the divorce on a regular basis.
- Property or finance settlement: You also need to settle things related to mutual property and assets. Make sure you are confident about who will get what before you file for mutual consent divorce.
- Necessary documents: You require documents like a marriage certificate, address proof, proof of residing separately, and identification proof, among others. Make sure that you have the necessary documents before filing for a divorce.
Permanently Settle Your Cooperative Divorce With Expert Supervision
Be sure to carefully navigate through the essential steps when initiating the cooperative divorce process. Despite reduced stress levels in these instances, maintaining vigilance is crucial. Overlooking even a minor yet pivotal detail could necessitate beginning the procedure anew. Reach out to Vakilsearch to access top-tier lawyers and experts specializing in mutual consent divorce applications. Their comprehensive guidance will shepherd you through the divorce process, guaranteeing its proper execution. By adhering to the required guidelines, secure a tranquil future for both yourself and your family post cooperative divorce.
