When a couple decides to get a divorce mutually, it is called a mutual consent divorce or mutual divorce as both parties are willing to take the step with legal consent. During the filing process, the couple has to file a petition in front of the court without any disagreements about the divorce.

It has been documented that mutual divorce is the fastest way to separate from your spouse. It protects you, keeps your privacy well-guarded and does not require any reasonable argument for divorce. It is also cost-effective and if all papers are submitted properly, the hon’ble court will grant it swiftly.

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How to File for Mutual Divorce?

Step 1: File a petition in the family Court/District Court in the Correct Jurisdiction. Your petition must include that both husband and wife are not living together for a period of one year or above. It should be signed by both parties. 

Step 2: The court accepts the petition filed and gives the date for the first motion. For those who don’t know what the first motion is, it is an order passed by the court after the statements of both parties are recorded during the petition acceptance.

After the first motion, the court grants six months as a cooling-off period. Once this period is over, you can file for a second motion. Note that you cannot delay the filing for the second motion beyond 18 months of the divorce filing date.

Step 3: The second motion is the final hearing of the mutual divorce. Both parties must appear before the family court and record their statements. 

Step 4: Once both parties prove that there are no disagreements related to child custody, property and other important matters, the judge grants the divorce decree.

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Why does Mutual Divorce take longer to complete in certain cases?

  1. The reason for the delay may stem from the amount of time it takes for the courts to process the applications. A shortage of staff at a specific court may also contribute to the delay as a higher volume of applications may cause delays in processing.
  2. It is essential that both parties attend court as requested and on time during the mutual divorce procedure, as failing to do so can prolong the case and delay its resolution.
  3. If any necessary documents are not submitted in accordance with the requirements, it could prolong the resolution of the matter by double the time. To prevent delays caused by document-related issues, reach out to a reputable lawyer via LegalBeep and have your questions about the necessary documents for divorce answered instantly.
  4. Sometimes, people make the mistake of hiding assets from their soon-to-be ex to prevent them from receiving a share of it during the divorce. However, not only is this dishonest and illegal, but it also greatly delays the divorce process. 

To speed up the resolution of the matter, contacting the right divorce lawyer in India, who conducts a thorough pre-investigation can be helpful. With well-conducted research, the duration of the mutual divorce process can be greatly shortened.

Conclusion: 

The process of obtaining a mutual divorce in India has become simpler in recent times. Under certain conditions, the court may choose to forgo the mandatory waiting period and grant the divorce if it is clear that the marriage is irretrievably broken. 

LegalBeep’s network of divorce lawyers can assist you in streamlining the mutual divorce process and making it faster. Reach out to the lawyer of your choice and receive free legal counsel immediately.