Law4u - Made in India

we both husband and wife wants Divorce by mutual consent. process for filing the same

17-Jul-2023
Divorce

Answer By law4u team

If both husband and wife mutually agree to seek a divorce, they can file for divorce by mutual consent. Here's a general process for filing for divorce by mutual consent in India: 1. Consultation with a lawyer: It is advisable to consult with a family law lawyer who specializes in divorce cases. They can guide you through the legal process, explain the requirements, and help prepare the necessary documents. 2. Drafting the petition: Both parties need to jointly draft a divorce petition stating their intention to seek a divorce by mutual consent. The petition should include details such as the reason for divorce, terms of settlement regarding property, assets, alimony (if applicable), and child custody (if applicable). 3. Separation period: In India, there is a mandatory separation period before filing for divorce by mutual consent. The couple must live separately for a period of six months to one year, depending on the jurisdiction. During this period, attempts at reconciliation should be avoided. 4. Filing the petition: The divorce petition, along with supporting documents, needs to be filed in the family court where either of the spouses resides or where they last resided together. Both parties must sign the petition. 5. Appearance in court: Both spouses must appear before the court after the filing of the petition. The court will verify the consent of both parties and may attempt to reconcile or mediate between them. 6. Decree of divorce: If the court is satisfied that the divorce is being sought by mutual consent and there is no possibility of reconciliation, it may grant a decree of divorce. The court may also ask for further documents or conduct additional hearings if necessary. Please note that the process may vary slightly based on the specific laws and procedures followed in your jurisdiction. It's important to consult with a lawyer to ensure you follow the correct legal process and fulfill all the requirements for divorce by mutual consent in your specific case.

Divorce Verified Advocates

Get expert legal advice instantly.

Advocate Ashwani Sharma

Advocate Ashwani Sharma

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Divorce, Family, Insurance, Motor Accident

Get Advice
Advocate Yashpal Singh Ranawat

Advocate Yashpal Singh Ranawat

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Criminal, Cyber Crime, Divorce, Family, High Court, Motor Accident, R.T.I

Get Advice
Advocate Venu Pasupula

Advocate Venu Pasupula

Divorce, Family, Domestic Violence, Court Marriage, Child Custody, Cheque Bounce

Get Advice
Advocate Rajat Khandelwal

Advocate Rajat Khandelwal

Anticipatory Bail, Court Marriage, Cheque Bounce, Consumer Court, Divorce, Cyber Crime, Criminal, Domestic Violence, Customs & Central Excise, Family, NCLT, Motor Accident, Recovery, Wills Trusts, Revenue, Bankruptcy & Insolvency, Civil, Banking & Finance

Get Advice
Advocate Bhagwaan Vitthalrao Hiwale

Advocate Bhagwaan Vitthalrao Hiwale

Civil, Criminal, Divorce, Family, Revenue

Get Advice
Advocate Shaikh Irfan

Advocate Shaikh Irfan

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Muslim Law

Get Advice
Advocate Ajay Ahir

Advocate Ajay Ahir

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family

Get Advice
Advocate Ujjwal Kant

Advocate Ujjwal Kant

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Ravi Swarnkar

Advocate Ravi Swarnkar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Property, Wills Trusts, Revenue

Get Advice
Advocate Bhushan Kumar

Advocate Bhushan Kumar

Civil, Criminal, Court Marriage, Divorce, Property

Get Advice

Divorce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.