A Complete GuideBook an appointment
Mutual Consent Divorce was brought by the Indian Parliament vide Amendment in the year 1976 in the Hindu Marriage Act. It has brought relief. We recommend that mutual divorce is a better option compared to the contested divorce. It saves time, energy, money, and avoidable toxicity.
Parties desirous of Mutual Divorce are always perplexed as to how to initiate the process, the role of court, terms, and conditions of mutual consent divorce, issues of maintenance and child custody, duration, the place of filing, and other allied questions. All your questions are answered in coming paras.
Spouses should talk to each other about the future course. If both spouses reach the conclusion that marriage is not workable they should ease out the tension surrounding them. They should accept that their marriage has broken down. Forget the fear of society. Nobody knows the situation better than husband and wife themselves.
Accept that there can be agreement even in disagreement.
If there are child(ren) involved, the spouses should decide amongst themselves about Custody of children and their visitation rights. They can discuss interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Parties can have an understanding of joint custody or shared parenting in the mutual consent divorce process. This can save parents and children from avoidable suffering.
The next important aspect is a financial settlement. There are various aspects of financial settlement which includes alimony, maintenance, house, education expenses, higher education expenses, a marriage of children, istridhan, joint investments, joint accounts and many other. As mutual consent divorce lawyers, we provide a platform for parties to discuss these issues in a calm atmosphere and reach their own solutions. We as mutual consent divorce lawyers provide different options using our vast experience in the field to bring settlement. Sometimes, emotions between spouses are running so high that logic fails.
Once the petition for divorce by mutual consent is filed, the presence of parties is required in the Court for the recording of the statement. In the event one of the parties is unable to come, such a party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once the statement is recorded, it is commonly called First Motion has been passed
After passing of first motion, parties are called upon to wait for six months period before moving the Petition for the second motion. This period is extendable up to eighteen months. This six months period is generally called a cooling-off period. Six months period are given to parties to think about their relationship again. It is given for reconciliation. Statement of parties is recorded by the Court. Once the statement of a minimum of six months period is recorded, the Second motion is passed by the Court. Thereafter decree of divorce is given. Marriage gets dissolved.
This six months period can be waived by the concerned family Court upon filing an Application for a waiver of six months. Family Court has the discretion to waive off the period. Thus, a time period of six months can be waived off and may be reduced to as few as 15 days or a month or so.
During the period of six months i.e. before moving the second motion, both parties have the liberty to withdraw their consent for divorce.
If not the worst, divorce is definitely one of the worst phases of a person’s life. Especially when you come from a conservative, middle class family, divorce is seen as worse than death. In such trying circumstances what one really wishes for is a good lawyer at hand. DL have been my guide throughout this ordeal. They are trustworthy and very open to talk to. In such times when one is cornered and very vulnerable, a trustworthy, honest helping hand is godsend. While going through my divorce. Managing partner is a very ethical lawyer, he puts things plainly without mincing words. The court proceedings went very smoothly with his help. I was very much worried about the judicial technicalities and I must have mailed him umpteen number of times and thankfully almost always received a reply. In nutshell, they are good, trustworthy, ethically sound people. I am sure they are going to help a lot many people with their acumen and good nature.
“I was going through one of the most difficult phase of my life. Divorce Lawyers helped me in overcoming situation with counseling and provided effective solution.”
“They are personal to pain and professional to approach. I was impressed with their services. Strongly recommended.”
Simply fantastic!!! Couldn’t believe that i ll be advised to work to save marriage and making attempts to save marriage. I did that and trust me, my marriage is rocking!!! Wrong advise could have cost my partner……Keep up good work Guys!!!
“Before I interacted with Divorce Lawyers, I was of the opinion that lawyers would never stop a client from pointless litigation. I was wrong. My counsel was of the opinion that I go in for a court-settlement as early as possible ! I wish I needed his advice sooner and after close to around two years of pointless litigation, I eventually had to go in for a settlement after all.Divorce Lawyers had supported me and my family in every step of the divorce process and litigation. Divorce Lawyers has a personal touch in their interactions with their clients which makes the drudgery of appearing in courts and litigation bearable. I wish them the very best and would refer them wholehearteDivorce Lawyersy to others who need legal support…”
Get in touch with us