Mutual Divorce

How Can You Get Easily a Mutual Divorce in India?

Divorce by mutual consent is that the easiest method to de jure dissolves a wedding. There is mutual agreement, where both spouses agree to participate in peace with each other. In a divorce, it is mandatory that both parties agree to the dissolution of the marriage. If a spouse does not agree to it, the court cannot divorce the couple.

When applying for divorce by mutual consent, both parties should take the mutual decisions regarding the maintenance allowance, custody status of children, etc. There is no special limit related to maintenance as per law. It depends on the financial situation and other aspects of both husband and wife.

When can a Husband and wife file for mutual divorce?

1. Husband and wife wishing to legally dissolve the marriage are expected to wait at least one year from the date of marriage.

2. They do not have any pending cases against each other.

3. They have cleared all the issues, property, maintenance, and custody of the child out of court,

4. They exchanged gifts and ornaments received at the wedding,

5. Both parties should freely consent to divorce by mutual consent,

6. They have to prove that they are not living together for a period of one year or more before filing a petition for divorce.

7. They should also show that in this era of separation the two have not lived together as husband and wife.

Cost/divorce fees for a mutual consent divorce

The lawyer’s fees depend on the seniority and experience of the lawyer. The fees will be higher if a mutual divorce involves complications related to the disposal of property and child custody. But if you agree to divorce without any complication, then the attorney’s fees for the divorce with mutual consent will be 25,000 / – to 30,000 / -. But the said fees vary from lawyer to lawyer but as both parties agree, you do not need a senior or highly experienced lawyer. A lawyer with 5 or more years of experience in the family court will do your work efficiently.

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Anshika Katiyar

Anshika Katiyar


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