Mutual Consent Divorce occurs when the husband and wife agree to end the marriage. Because it is a mutual decision, divorce is much smoother than other divorce methods. When a couple agrees to dissolve their marriage amicably under Section 13B, they must create a 12-month separation term, followed by a six-month “cooling off” period.
Mutual Divorce: What Is It?
When a husband and wife agree that they can no longer cohabitate and that divorce is the best choice, they submit a petition for mutual divorce before the court without bringing any charges against one another. It’s called mutual divorce or divorce by mutual consent.
For example, if a husband and wife agree that their marriage is over and they’ve been apart for at least a year and cannot cohabit, they may be granted a divorce. According to studies, mutual consent is one of the quickest methods to secure a divorce in India because other options take too long.
Mutual consent divorce lawyer’s role
One must seek the advice of professionals, such as a Mutual Consent Divorce Lawyer, who will assist the particular person during the entire procedure when filing for divorce. He will also let you know that the following conditions must be met while the divorce process is ongoing:
- Initially, both parties signed a mutual agreement.
- The initial motion statement is written and signed on paper in front of the honourable court.
- Then, the court grants them a window of six months to reconsider.
- After then, they are called for a second hearing, the last one, if they still don’t agree after those six months.
The divorce petition is submitted to the court by the lawyer representing both parties with mutual consent, and a copy is served on the respondent, the opposing party. The legal representation files a discovery motion during the mutual consent divorce process to obtain evidence from your spouse.
The Discovery motions include your spouse’s necessary information, including tax returns, credit card bills, property records, and earnings statements. After receiving the divorce decree, you can debate the amount of spousal support and child support, and these documents assist in estimating those amounts. It also helps the lawyer secure the split of your spouse’s assets and debts if any.
Why should we employ a divorce attorney?
You can take care of the other crucial aspects of your life that demand your full attention if you have a divorce attorney. Your attorney will handle the complexities and challenging court cases on your behalf. Well, many issues should arise during divorces, such as child custody and property division, or the process will go smoothly. Therefore, you must hire the top divorce attorney in Delhi, as there are the best mutual divorce lawyers available in Delhi.