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MUTUAL DIVORCE

Mutual Divorce or Divorce by Mutual Consent is a process to peacefully dissolve your marriage and to disassociate yourself from your spouse in a short period of time. This process of Divorce can only be exercised where both parties, do not want to live together, are willing to take Divorce and had not performed their marital obligations for one year, or had lived separately for one year. Hence, Mutual Divorce can never be filed within one year of Marriage. In this process, both parties must jointly file the petition for mutual divorce before the court where during the first motion proceedings, the court, on being satisfied that the submissions made in the petition are true and there is no possibility of reconciliation, passes the Order on First Motion and directs the parties to jointly move the second motion petition after six months. After the six months cooling period gets over, the Second Motion Petition must be filed within 18 months of Order on the First motion. During the Second Motion hearing, the Court will inquire and examine parties and on being satisfied that the marriage has been broken irretrievably, the Court will pass the Decree of Divorce. On the contrary, the Contested Divorce can be filed anytime by any spouse on specific grounds like unsoundness of mind, cruelty, etc. This process of Divorce usually takes more time due to lengthy evidence and arguments on account of the unwillingness of the other spouse.

PROCEDURE FOR MUTUAL DIVORCE

  1. Step 1:  Prepare a settlement Agreement containing terms and conditions at which both spouses are taking Divorce.
  2. Step 2: File the Petition for First Motion.
  3. Step 3: Participate in the First Motion proceedings where the Court examines parties and passes Order on First Motion.
  4. Step 4: File the Petition for Second Motion with the certified copy of the First Motion Petition after six months of Order.
  5. Step 5: Participate in Second Motion proceedings where the Court will inquire and examine parties and will pass the Decree of Divorce.

DOCUMENTS REQUIRED FOR MUTUAL DIVORCE

  1. Photographs of both husband and wife.
  2. Proof of Marriage like Marriage Certificate, Invitation Card of Marriage, Marriage Photographs.
  3. Original and copy of ID Proof like Aadhar Card, Passport, Voter ID Card, etc.
  4. Settlement Agreement or Memorandum of Understanding (MOU).
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