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How Does Mutual Divorce Work?

Lawsuits for mutual divorce don't last long as they are processed faster in comparison to a irremedial divorce.

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  What is Mutual Divorce?

Mutual divorce, as the name implies, is when both parties wish to separate amicably. The conditions required under section 13B of the Hindu Marriage Act are that the husband and wife should be living separately for a period of one year or longer, that they are unable to live together, and that both husband and wife have mutually agreed that the marriage has totally collapsed. A Divorce with Mutual Consent is a relatively swift process in court; however, divorce may not be granted instantly. After filing for divorce, the court may ask the couple to reconcile their differences over six months and make the marriage work. Depending on the circumstances, this period may be reduced. If either party is overseas, the proceedings may be completed using video-conferencing software as well.

  Procedure for Mutual Divorce

Filing A Petition

We will connect you to lawyers, who will file a petition in court containing a joint statement by both parties that, due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court.

Second Motion Petition

After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they must re-appear in court

  Documents required for Mutual Divorce

Address proof of husband/wife Marriage certificate Four passport size photographs of marriage of husband and wife Evidence proving spouses are living separately since more than a year Evidence relating to the failed attempts of reconciliation Income tax statements of the spouse for the last three years Details of profession and present remuneration of the spouse Information relating to family background Details of properties and other assets owned by the spouse

  Documents required for gender change application

For preparing an application for change of gender the below-mentioned documents are required: Self-attested identity proof copies (Aadhar/Voter ID/Passport) Two self-attested passport size photographs An original newspaper in which gender change advertisement was given. specimen proforma as prescribed by the department, duly signed by the applicant and two major witnesses. A declaration stating that the contents in the application are true. A request letter together with the registration fee to the authority.

  Newspaper publication after Name Change in India

Newspaper advertisement is a part of the process. The advertisement goes out in one national newspaper.

Also, its recommended to retain the copies of the published newspaper for future reference.

A Name Change advertisement in a newspaper usually contains all the details listed below:

The old name of the applicant

The new name of the applicant

Father’s/husband’s name

Age of the applicant

Address

Number of the affidavit for name change created prior by the applicant

  Central Gazette publication after name change

Central Gazette is a better option to publish your name change advertisement and for government employees, it is a mandatory step. You need to send the following documents to the department of publication

FAQs on Mutual Divorce

Divorce by Mutual consent saves time, money and energy for both. It leaves no room for unnecessary quarrel and most importantly avoids washing your dirty linen in public

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife

In the family court of the city/district were both the partners lived together for the last time

After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months

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