Table of Contents
Introduction
Mutual Divorce is a formal way of parting away from a marriage. In a divorce with consent, both the husband and wife agree that they can’t live together. so they both want to go their separate ways. In a mutual divorce case, neither partner is accused of having done anything wrong in the marriage. The decision to not live together is mutual. The best local results for “a mutual divorce lawyer near me” will be crucial in handling your case with the right person in that situation.
Process for Consent Divorce
For Mutual Divorce both husband and wife need to file a joint petition before the Court. There is a need that both partners to live apart for a certain amount of time. Before filing a joint petition for divorce in court, it is necessary, but it\’s not a must. Courts can waive this need depending on the situation. A mutual divorce lawyer in Kolkata can guide you with this.
Divorce is governed by different legislation for other religions in India. The Hindu Marriage Act of 1955, the Indian Divorce Act of 1869, the Dissolution of Marriage Act of 1939, the Muslim Women (Protection of Rights on Divorce) Act of 1986, and the Special Marriage Act of 1954 are a few examples of these kinds of laws.
In India, Mutual Divorce takes less time and is less stressful than Contested Divorce. It is also less expensive than a Contested Divorce. So, you can find a Mutual divorce lawyer in Kolkata online by searching for a mutual divorce lawyer near me.
To file a Mutual Divorce petition, both the husband and wife must have been living apart for at least one year. A divorce with consent is an option when spouses cannot live together anymore. One more thing that needs consideration is that marriage should be at least one year old. If it is not the case, both parties must wait for the remaining period to complete one year of marriage for Divorce with consent.
Different laws in India regarding mutual divorce.
There are different provisions for people belonging to other religions for mutual Divorce. The process of mutual Divorce also depends on the process opted for marriage.
- Under the Hindu Marriage Act 1955, Section 3B, deals with the Divorce of Hindus married under the Hindu Marriage Act. One year of separation period is necessary.
- Under the Special Marriage Act, 1954, Section 28 governs Mutual Divorce of people married under Special Marriage Act, 1954.
- Section 10A of the Divorce Act, 1869 also governs the mutual consented Divorce or consent of Divorce. At least 2 years of separation is required in this case.
- For Marriage conducted under the Parsi Marriage Act 1936, mutual divorce can be governed by Parsi Marriage Act, 1936.
- Muslim Marriage Act governs the Mutual Divorce for marriage conducted under Muslim Marriage Act.
New rules for mutual divorce in India 2022
The Honourable Supreme Court is proposing new rules for mutual divorce in India in 2022. When there is no way for the two people to get along, the court will shorten the time they have to be apart. The Supreme Court said that the order in Section 13 B(2) is not mandatory, but rather a suggestion. If there is no chance that the couple will be able to live together again.
The court will decide what to do based on the facts and circumstances of each case. There is a chance of other rehabilitation. The court also said that every effort should be made to save a marriage. But if there\’s no chance of getting back together and rehab is the only option. The court should be able to help the two people decide which choice is better.
Final Hearing and Reconciliation
There is a need to approach the court jointly by filing a Mutual Divorce petition. Both parties need to present physically in the court. A marriage certificate, address proof for both husband and wife and evidence of one year of separation before filing the joint petition for Mutual Divorce are required for verification and other purposes. And proof of failed Conciliation process required during the process of Divorce Petition.
Mutual Divorce petitions can be filed with the Family Court. The Courts in an area where the couple lived as husband and wife. And where the husband lives, or where the wife lives can decide as per their mutual preference and ease. To find the best mutual divorce lawyer, you can always search online with the keyword mutual divorce lawyer near me.
Divorce lawyer fees in Kolkata vary depending on the case and the lawyer hired. We are Divorce Lawyers in Kolkata, we approach any family matter with a holistic approach. We take into account all the relevant aspects and devise strategies that suit the particular case.
Are you searching for a Mutual Divorce Lawyer near me? Then you are in the right place.
People can find us easily by searching for “a mutual divorce lawyer near me”. Actually, we are a team of lawyers, experienced in family matters including cases of Mutual Divorce. We provide complete help in getting Mutual Divorce order. We have dealt with complex Mutual divorce cases involving maintenance and child custody.
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