In India, process of getting divorce through mutual consent divorce helps couples to end their marriage life where both are mutually agreed for the separation. It Leads to an easier, simpler and fastest process to get divorce. This type of divorce, under Indian law, This process lets both spouses solve key problems like child custody and alimony or financial support together in order to avoid a long court process. Now your intuition may ask: What is the procedure for divorce in India?
The process involves filing a joint petition, attending court hearings whenever they call, and a six month waiting period to confirm the decision. This guide helps to know about each step to understand and smoothly navigate for the divorce in india and even to the mutual divorce lawyer in Chennai.
Types of Divorce Under Hindu Law
Divorce under Hindu law is classified into two types :
- Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is when both husband and wife agree to end their marriage life. It is considered the simple, quick and short process of getting the divorce. Many ask How long it will take to get divorce in India? The process generally takes about 6 months to 1 year, depending on the court’s schedule and the specifics of the cases, I hope this will be the answer.
In Legal Basis: Under Section 13B of Hindu Marriage Act, 1955 provides the framework for mutual consent divorce.
Under Special Marriage Act, 1954 is for inter-religious marriages
Christian Divorce Act, 1869 provides provision for Christian couples.
- Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce more cleverly when one spouse does not agree to the divorce. This method of divorce will take a long and complicated process and this can be caused by violence, harassment, torture, etc., but there are some best domestic violence lawyers in chennai.
In Legal Basic: Under the Hindu Marriage Act, 1955 provides grounds for obtaining a contested divorce are adultery, cruelty, desertion, etc.,
Special Marriage Act, 1954: Covers areas such as non-recoverable or irretrievable breakdown of marriage in cases of contested divorce in inter- religious marriages.
First, File the Divorce Petition
The first and foremost step in a mutual consent divorce is to file a divorce petition in the family court. This petition is jointly filed by both husband and wife, requesting the court for the separation from their marriage life. The petition should include:
- Details of the marriage: Such as the date and place of marriage, and any children from the marriage.
- Mutual consent: Both parties must confirm they are agreeing to the divorce voluntarily and have settled matters like alimony, property division, and child custody (if applicable).
- Grounds for divorce: While mutual consent does not require proving fault, the couple must state that they are no longer able to live together peacefully.
Now the question may arise: How can I get a quick divorce? Following Once the petition is filed, the court will schedule a hearing to record both husband and wife’s statements on oath. This is the simple beginning of the divorce process which is processed by divorce attorney.
It is a formal beginning to the legal process of a parting of ways, a notice to the other party that one is indeed desirous of a dissolution of marriage.
You Both Should Have Respective Lawyers
Even though a mutual consent divorce is totally based on agreement between both husband and wife, it is still important for each person to have their own lawyer or attorney on their side at the same time you don’t know How much does it cost for divorce in India? But that is totally based on the circumstances. Having separate legal representation ensures that each spouse’s rights and interests are properly protected throughout the process. Here’s why:
- Independent Advice: A lawyer can provide unbiased legal advice to ensure that each spouse understands their rights, obligations, and options.
- Document Preparation: Lawyers will help draft the divorce petition, settlement agreements, and any other necessary documents, ensuring everything is legally sound and meets court needs or requirements.
- Representation in Court: Each lawyer represents their client during court proceedings, including the first and second motions, In order to make sure that their client’s best interests are represented.
Even in a mutual consent divorce, having separate legal lawyers where the two lawyers are representing the two spouses and the divorce process is conducted fairly and properly for both of them.
The Court will Pass the Order for the Statement on Oath
Once the divorce petition is filed, the court will schedule a hearing where both husband and wife must have to appear. During this hearing, the judge will pass an order for the husband and wife to make their statements under oath or the statement of truth. This is an essential or most important step in the divorce process, where both parties confirm that they are voluntarily seeking the separation from their marriage life with the help of mutual consent divorce.
Both spouses should confirm that they have mutually agreed on important matters such as alimony or financial support, child custody, and property division. The court will ensure that both parties fully understand the legal consequences of divorce and that their consent is genuine. This formal process ensures transparency and avoids future disputes or problems.
The statements provided in court under oath, and this step is very important because it seals the mutual consent divorce. After that, the statements are recorded and the court will review the second motion and the manner in which the divorce is to be concluded. This step makes the decision of the couple final and advances to other critical procedures that lead to the final divorce.
Cooling Period of 6 Months Given in the Hope of Reconciliation
- Cooling-Off Period: After the first motion, the court typically imposes or provides a cooling-off period of 6 months in mutual consent divorce cases. This waiting period is provided by law for the couples in order to get together or for the reconciliation, reconsider before the divorce.
- Purpose: The main objective or motive of this cooling-off period of 6 months is to encourage reconciliation. It provides both husband and wife an opportunity to change their decision and possibly solve their problems or resolve any differences or conflicts that have been going on before finalizing the divorce.
- Opportunity for Counseling: During this period of time, the couple may consider attending counseling sessions or discussions, either voluntarily or as suggested by the court. This could help them to address their issues between both and can be an opportunity to reconsider before finalizing the divorce.
- Prevents Impulsive Decisions: The cooling-off period acts as a safeguard to ensure that both parties are making a well considered and informed decision. It helps prevent rushed or impulsive or compulsive actions when emotions are running high.
- Reconciliation or Withdrawal: During this time, there are a lot of possibilities that the couple can decide to reconcile, they can request to withdraw the divorce petition. This process stops the divorce process and can lead to the happiest life for them before finalizing the judgment.
- Waiver of Cooling-Off Period: In certain situations, such as if the couple has been living separately for a long time or there is an irretrievable or incurable breakdown of the marriage, the court can give the mandatory 6-month cooling-off period. In such cases, the court can proceed or move on with the second motion and finalize the divorce really very soon.
- Final Step: After the cooling-off period, both husband and wife still wish to proceed or process with the divorce, the second motion is scheduled or calendered. This final motion allows the couple to confirm their decision for the divorce, and the court can then pass the final decree of divorce.
This time helps the two partners to change their mind, mediate, and seek a divorce only when he or she is sure it will be beneficial.
Final Hearing and Second Motion Timeline in Mutual Consent Divorce
The second motion in a mutual divorce is the final step in the divorce process. It must be filed after the cooling-off period (6 months) has passed, but within 18 months from the date of filing the initial divorce petition. This is the final hearing where both parties reaffirm their decision to divorce.
- Second Motion: After the first motion, a 6-month waiting period is typically observed to allow the couple time to reconsider both spouses must appear in court again. They confirm that they still wish to proceed with the divorce after the cooling-off period and the court will verify that they both agree to the terms of the divorce.
- Timeline for Second Motion: The second motion typically occurs after the six-month cooling-off period has ended. Both parties must appear before the court together to confirm they still wish to proceed with the divorce. This must happen within 18 months from the date the first petition was filed.If both parties remain firm in their decision, the court will proceed with granting the divorce.
- Final Hearing: During the final hearing, the judge ensures that all issues, such as child custody, alimony, and property division, have been settled. If everything is in order and both parties consent to the divorce, the judge will pass the final divorce decree.
- Divorce Decree: Once the final hearing is complete, and the second motion is confirmed, the court will issue the divorce decree. This legally ends the marriage and makes the divorce official.
The second motion and final hearing are the final steps before the divorce is finalized. The process generally takes about 6 months to 1 year, depending on the court’s schedule and the specifics of the case. Once completed, both spouses are legally divorced.
Finalize the Judgment
After the second motion and final hearing, the court moves to finalize the judgment. This stage is crucial as it legally dissolves the marriage, making the divorce official. The judge will carefully review all documents submitted during the process, including the divorce petition, settlement agreements (for child custody, alimony, and property division), and the statements given by both spouses. If everything is in order, and both parties continue to consent to the divorce, the judge will proceed to issue the final divorce decree.
The divorce decree is a legal document that formally ends the marriage. It includes details of the agreed-upon terms, such as alimony, custody arrangements, and the division of property. Once the court passes the decree, the divorce is legally finalized, and both individuals are free to move on with their lives.
Once the judgment is finalized, it is legally binding. Both husband and wife are no longer obligated to be there for each other under marital laws, and the terms of the divorce, like child custody or alimony or financial support, become enforceable. The finalized judgment marks the end of the divorce process, providing both parties with a clean break and allowing them to start a new life but in future you may think Can we marry after mutual divorce? There are no limitations for remarrying after the divorce.
Conclusion
A mutual consent divorce in India is an easy and peaceful way for both husband and wife to end their marriage life. It involves filing a divorce petition to the court, having separate lawyers, giving statements in court as an oath, and a 6-month waiting period before the final hearing.
Once everything is agreed upon and the court gives the final decision, the divorce is complete. This process is faster and less stressful when compared to contested divorce, allowing both people to move on with their lives. In order to proceed with all these you can approach a law firm chennai.