The process of dissolving a marriage through the help of law is known as divorce, it immediately ends the institution of marriage between two adults or individuals. A divorce process typically involves argument in a courtroom where two councils will argue on behalf of their clients i.e. the husband and the wife on issues such as the custody of the child division of property as well as assets, monthly maintenance, and other conjugal rights. Divorce laws are different in every religion for Hindus; it’s regulated through the Hindu Marriage Act whereas in Islam, through the Islamic laws and so on.
In Hindu marriage act, section 13b talks about Mutual consent divorce; Mutual divorce specifically is the kind of divorce where the spouses agree to end their marital union amicably without contesting it in the court. In a mutual divorce, both the spouses or parties agree on the major issues which will likely to be affected by the divorce which include division of property and assets, child custody i.e. shared or full custody to one parent, monthly alimony, and any other relevant matters including business settlements if any. The agreement for mutual divorce is then presented before the court for its approval.
Mutual divorce is a quicker resolution and less lengthy than that of contested divorce, as it avoids years of longing legal battles between the parties. The process and requirements for a mutual divorce can vary from religion to religion and also by jurisdiction. Mutual divorce is a less stressful solution for the couples who want to dissolve a marriage quickly. Here’s a step-by-step breakdown which will help you navigate the process of a mutual divorce:
Step 1: Get consent to do a Mutual Divorce
– Amicable Decision: Both the spouses must agree amicably to divorce each other and will cooperate on the terms in the agreement.
Step 2: Hire a Divorce Lawyer and Prepare mutual divorce agreement
– Collection of Information: Collect documents like property deeds, and any other financial documents.
– List of Assets and properties: Listing all the marital assets and properties comprehensively in order to get them divided.
Step 3: Get your Settlement Agreement drafted by the Family Lawyer
– Child Custody: Add a clause to your agreement to make arrangements for custody of the child, decide who gets the visitation and absolute rights, and monetary support that ought to be given, if there are children involved.
– Alimony: Decide the amount of alimony that is to be given every month to the wife in order for her to sustain her.
– Division of Property: Division of the property and debts must be outlined in the agreement for mutual divorce.
Step 4: File a Joint Petition through your counsel
– Joint Petition: Both the spouses shall file a joint petition for divorce in the family court of their jurisdiction, citing mutual consent as the grounds for divorce, it must be done through their counsel.
Step 5: Get your mutual divorce settled through ADR
– Mediation: if there are any other clashes between the parties then Mediation as an alternative dispute resolution could help solving the dispute by providing solutions through a mediator which will benefit both the parties.
Step 6: Proceedings in the Court
– Submit Petition: Submission of the mutual divorce petition including all the supporting documents to the court of appropriate jurisdiction.
– Waiting Period: The waiting period before the final decree depends upon the jurisdiction of court, it can take 3 months or 6 months depending upon case to case.
– Court Hearing: There will be a court hearing where your counsel or advocate will present your divorce petition and the judge will examine all the documents attached to it.
Step 7: Final Decree
– Approval: If the judge is satisfied, the judge will grant the divorce by passing a final decree of divorce, after which the divorce is confirmed.
– Official Documentation: You can get your certified copies of the final decree i.e. of your divorce to keep it with yourself.
How can LawChef help you get a mutual divorce lawyer?
LawChef is a platform which helps you connect with lawyers who have specialized in Family Law, divorce whether contested or mutual it is always advisable to have a lawyer by your side to avoid any contingency in future. LawChef will provide you free legal advice over call for a duration of 15 minutes which will be charged minimally after the completion of the first 15 minutes, hence get yourself connected to a lawyer specialized in Family Law through Lawchef.
