Divorce With Mutual Consent

Mutual divorce is a legal process in which both spouses agree to end their marriage amicably. The rule for mutual divorce is that both parties must consent to the divorce, and they should jointly file a joint petition stating their intention to dissolve the marriage.

Once the mutual divorce is finalised and the divorce decree is granted, you are legally free to marry again. There is no waiting period after mutual divorce to remarry.

The first step in a mutual divorce is for both spouses to consult with their respective lawyers and express their desire to seek a mutual divorce. After that, they need to draft a joint divorce petition together and file it at the appropriate Family Court or District Court.

In India, mutual divorce has a mandatory cooling-off period of six months. This means that the divorce cannot be granted before the expiration of six months from the date of filing the joint Petition. However, the duration of the entire mutual divorce process may vary depending on the court's workload and other factors.

In 2023, the family court made a significant decision to reform divorce laws in India. The new law aims to simplify the mutual divorce process and reduce confrontations between couples. Under the new law, couples will no longer need to provide evidence of fault, such as adultery or unreasonable behaviour, to apply for divorce. They can simply state that their marriage has irretrievably broken down to obtain a divorce. The law also shortens the waiting period for no-fault divorce from two years to six months. Additionally, the entire mutual divorce process, from application to granting, will be completed within a 20-week timeframe, making it quicker and less stressful for couples.

No, in India, the mutual divorce process has a mandatory cooling-off period of six months. Therefore, the divorce cannot be granted before the completion of the six months from the date of filing the joint Petition.

The requirement of a one-year separation is applicable in certain cases, such as mutual divorce, under the Hindu Marriage Act. However, consulting with a family lawyer is essential to understand the specific legal requirements based on the applicable personal laws and jurisdiction.

Mutual divorce is generally considered more straightforward and quicker than a contested divorce. As long as both parties agree to the divorce terms and fulfil the legal requirements, mutual divorce can be a relatively easier option to end the marriage amicably.

During the mutual divorce proceedings, the judge may inquire about the voluntary consent of both parties, whether they are fully aware of the consequences of divorce, and if they have mutually agreed on matters like child custody, alimony, and property division. The judge may also attempt to reconcile the parties before granting the divorce.

Mutual divorce is generally considered a more amicable and less stressful process than a contested divorce. This is because both parties have agreed to the divorce, so there is no need to go through the adversarial process of a court battle. Additionally, mutual divorce typically takes less time and is less expensive than contested divorce.
However, there are some situations in which contested divorce may be necessary. For example, if one spouse is unwilling to agree to the terms of the divorce, or if there are disputes over child custody or alimony, then a contested divorce may be the only option.