Mutual consent divorce form in India

1. Mutual consent divorce form in India

Divorce is a legal procedure of separation after marriage, when both parties (husband and wife) intend to separate after marriage and is called divorce by mutual consent. Both spouses can file for divorce. Divorce is called a contested divorce or unconsented divorce when it is filed without the consent of either spouse. Mostly, the reason for filing for divorce can be cruelty, adultery, abandonment, conversion, mental disorder, infectious disease, speculation of death or renunciation of the world. THE MOST IMPORTANT POINTS TO REMEMBER WHEN DIVORCE
Child Custody – Which partner will receive custody of the children after a divorce
Alumni/Interview - If one of the partners cannot meet their daily expenses, the remaining must pay them a certain amount. This depends on the mutual agreement between the parties (husband and wife). Resolve property and assets – Resolve ownership of property and assets between parties (husband and wife)

2. WHEN YOU CAN ASK FOR CONSENT TO DIVORCE

Both spouses must voluntarily separate, this is the first principle when divorcing by mutual consent. Here are also things to know before filing for divorce:

Husband and wife must live separately for a minimum period of one year. Both husband and wife agreed to divorce. They can no longer live together. Minimum one year from the date of marriage
PROVISIONS IN THE LAW ON CONSENTED DIVORCE
As we know, marriage registration has many different acts, the same goes for divorce, the law has different regulations depending on the marriage record:

Section 13B of the Hindu Marriage Act, 1955 (duration of separation = minimum 1 year)
Section 28 of the Special Marriage Act, 1954
Section 10A of the Divorce Act 1869 (Duration of separation = minimum 2 years)
Section 32B of the Parsi Marriage Act, 1936
And according to the terms of Christian and Muslim marriage laws. DOCUMENTS REQUIRED FOR DIVORCE WITH CONSENT
Joint documents are required to file for divorce. Our specialized lawyers also help you prepare documents if you are missing:

3. Certificate of marriage

Proof of address – Wife and Husband. Four wedding photos. Income tax returns for the most recent 3 years. Career and income details (salary slip, appointment letter)
Details of ownership and assets held
Family information (Husband and wife)
Proof of living alone for one year
Evidence regarding failed mediation efforts

4. STEP BY STEP DIVORCE PROCEDURE IN INDIA 

Divorce procedure in India
LegalDocs' professional, trustworthy attorneys will help you throughout the divorce process, from start to finish. After in-depth consultation with the LegalDocs team, each citizen must follow the process:

One can choose to file a lawsuit in one of the following family courts:
Where the couple last resided as husband and wife,
Where her husband currently lives. Where the woman currently lives.

5. Let us now understand the steps to be followed when filing for divorce:

Step 1: Draft and submit the application (filing for divorce)

The draft application must be filed with the family court along with the applicable court fees. You need the right advice and guidance from a trustworthy and experienced divorce lawyer in drafting your petition.

Step 2: Issue a summons (Court notice)

The formal notice given by the court will be sent to the second party, usually by express mail. The purpose of sending a summons is to let the other party know that divorce proceedings have been initiated by their spouse. If the husband is the one suing, the summons will be sent to the wife.

Step 3: Answer (according to the court's opinion)

After receiving the summons, the parties must appear in court on the date specified in the summons. If one party is not present, the court will give the opportunity for a trial, but if it fails, the court will issue an order and end the divorce proceedings.

Step 4: Trial in court

During this phase, the court will hear from both sides as well as appropriate evidence and witnesses. The respective lawyers will examine and confront the parties, witnesses and evidence in court. This step is a very important step when filing for divorce.
Emergency order –
In temporary orders, any party can file a temporary petition for support and child custody with the court. This can be filed after the hearing and throughout the proceedings. This order remains in effect until final legal proceedings regarding the divorce are entered. Not all divorce proceedings result in a temporary order. Filing a lawsuit is optional and depends only on the spouse (husband or wife).

Step 5: Debate

Here, the respective lawyers appointed by the two sides will argue in court based on the evidence documents presented and the testimony of witnesses. To win the argument, the lawyer's experience and behavior are very important.

Step 6: Final order (Complete divorce procedures)

The final order will be passed by the court after successful completion of all the steps mentioned above. If a party is not satisfied with the final order, they can appeal to a higher court.

Q&A

Question 1: What is the primary requirement for pursuing a mutual consent divorce?

Answer 1: The primary requirement for pursuing a mutual consent divorce is that both spouses must agree to end the marriage amicably and cooperate in reaching an agreement on key divorce-related issues, such as property division, spousal support, child custody, and child support.

Question 2: Are there any waiting periods associated with a mutual consent divorce?

Answer 2: In some jurisdictions, there may be a waiting period before a mutual consent divorce can be finalized. This waiting period varies by location and may range from a few weeks to several months. During this time, the spouses typically work on finalizing their divorce agreement.

Question 3: How is the division of assets and liabilities typically handled in a mutual consent divorce?

Answer 3: In a mutual consent divorce, the division of assets and liabilities is usually determined by the agreement reached between the spouses. They decide how to divide property, debts, and financial responsibilities in a manner they both find fair and acceptable. This agreement is then submitted to the court for approval.

Question 4: Can child custody and support arrangements be included in a mutual consent divorce?

Answer 4: Yes, child custody and support arrangements can be included in a mutual consent divorce agreement. Spouses can mutually agree on custody arrangements, visitation schedules, and child support amounts. These agreements are presented to the court for approval, ensuring they are in the best interests of the children involved.