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 Sanjeev Srivastava

Advocate Sanjeev Srivastava

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,International Law,Landlord & Tenant,Medical Negligence,Motor Accident,NCLT,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,

Get Advice
Advocate Dr. S Ayyappanaik Nenavath- Ap High Court, Central Govt Council

Advocate Dr. S Ayyappanaik Nenavath- Ap High Court, Central Govt Council

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, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rohit Mishra

Advocate Rohit Mishra

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

Get Advice
Advocate Amaresh Rath

Advocate Amaresh Rath

Family, Domestic Violence, Criminal, Banking & Finance, Arbitration, Civil, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Landlord & Tenant, Motor Accident, R.T.I, Property, Divorce

Get Advice
Advocate Avtar Singh

Advocate Avtar Singh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, NCLT, Patent, Property, Recovery, RERA, Startup, Supreme Court, Tax, Trademark & Copyright

Get Advice
Advocate Prasoon Vashistha

Advocate Prasoon Vashistha

Anticipatory Bail, Cheque Bounce, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Succession Certificate, Cyber Crime

Get Advice
Advocate Pradeep Rajpurohit

Advocate Pradeep Rajpurohit

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Family, High Court

Get Advice
Advocate Amit Kumar Verma

Advocate Amit Kumar Verma

Anticipatory Bail, Consumer Court, Court Marriage, Divorce, GST, Startup, Tax, Wills Trusts, Trademark & Copyright

Get Advice
Advocate Umesh Nanda

Advocate Umesh Nanda

Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, Family, High Court, Motor Accident, R.T.I, Recovery

Get Advice
Advocate Ranjan Kumar Mehta

Advocate Ranjan Kumar Mehta

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,R.T.I,Recovery,Succession Certificate,Revenue,

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.