Mutual Consent Divorce Lawyer
What is mutual consent divorce?
When both spouses agree that the marriage should end, they can jointly petition the family court. For Hindu marriages this is provided under Section 13B of the Hindu Marriage Act, 1955; the Special Marriage Act, 1954 has a similar provision (Section 28).
Basic requirements
- The spouses have been living separately for the period required by law, commonly one year.
- They have not been able to live together and have mutually agreed to dissolve the marriage.
- Terms on maintenance, child custody and property are usually recorded in a settlement.
How the process generally works
A joint petition is filed, statements are recorded (the first motion), and the second motion follows after the statutory interval. Courts have in some cases waived the waiting period; this is decided by the court on the facts. Timelines vary by court and case.
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