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What is the Procedure for Filing Mutual Divorce


Mutual Divorce means when both the parties agree for separation. If both the parties involved in a marriage are not happy together and want to get separated then they can get the Mutual Consent Divorce and come out of the marriage legally and peacefully. For this purpose, you can seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 by filing a petition before the court.

For Mutual Divorce, the husband and wife are required to make two important decisions. One is the alimony issue and the other is child custody. These decisions depend on the mutual understanding of both the persons. For this purpose, you can look out for the Divorce Law Firms in Delhi.

To file a mutual divorce in court, the following procedure has to be followed:

  • The parties who are trying for mutual divorce are required to stay separate for at least one year from the date of marriage. They have to prove that they have been living separately for a period of one year or more and they have not been able to live together as husband and wife. This has to be done before the presentation of the petition for divorce.
  • To file the divorce petition, the parties can apply in the family court of the city or district where both the parties lived together for the last time.
  • The divorce petition is to be submitted in the family court in the form of an affidavit. After filing the petition, the statement of both the parties is recorded and the matter is adjourned for 6 months.
  • After 6 months the parties have to present in the court to confirm the mutual consent filed by them. Then a decree of the divorce is granted by the court. For divorce purpose, there are a number of Top Lawyers in Delhi.
  • At this time their statement is recorded again. If the parties have been unable to resolve their differences then court passes an order of dissolving the marriage by granting a decree of divorce and from then their marriage stands dissolved.

The costs and time involved in the mutual divorce depend on the case and the place. You can look out for Divorce Specialist Lawyers in Delhi who is experienced in divorce cases and can get your case solved as soon as possible.

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