Can A Person Get Divorce Without Going To Court? +91-8877001993

In India, mutual consent and divorce are permitted without a judicial hearing under Sections 13B of the Hindu Marriage Act (1955) and Section 28 of the Special Marriage Act (1954). Filing a divorce entails steps which the couple must; file a joint petition and have lived apart for not less than a year and also provide provisions for alimony and child custody. After a couple goes to court, it is mandatory for them to wait for another six months period in order to encourage them to embrace reconciliation. The divorce will be granted by the court after the elapsed period of waiting suggesting both parties have accepted the dissolution of the marriage. 

Often needed documents include, but not limited to, and with the address proof, marriage certificate, income details, separation documents, and family essentials like photos, children and property related information. In order to receive advice regarding potential results, procedural requirements, and legal options that should guide your decision during the divorce process, it is crucial that you speak with a divorce lawyer prior to filing the case.

Divorce Without Going to Court: Is it Possible?

• As per section 13B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954, it is possible for the couple to obtain a divorce in India without necessarily going to court provided that both parties consent to it. 
• In this case, a couple shall be willing to do a divorce without being together for at least another year. They should be ready to file a joint family petition before the family court stating that issues like child custody and alimony have been agreed upon.
• The six months, which begin from the date of filing petition, is a cooling-off period during which the parties are expected to consider their positions and attempt to resolve their issues. If there is agreement between the two at the expiry of this period, the court will issue a final dissolution decree. 
• After the signing of the agreement by the spouses, this procedure provides a quick way of dissolving a marriage.

Documents Needed for the Divorce

In India, couples must present certain documents as proof and support for their case in order to start the divorce procedure. Such documents plays a crucial role in determining the outcome of the divorce proceedings and ensuring a fair and just resolution. The following four key pieces of documentation are generally required for the Indian divorce process: 

• Marriage Certificate: This paper must be available at the very beginning of the procedure of divorce and serves as proof that there is a marriage between the spouses. 
• Divorce Petition: A petition for divorce is a legal form that requests the court for a dissolution of marriage and explains the reasons why the divorce is sought together with details about the marriage, divorce grounds, and other relevant information.
• Proof of Separation: The couple must show evidence of their separation. Such documentations may include, but is not limited to utility bills, rental papers and any other documents showing that the couple lives separately.  
• Child Custody Agreement: In the event there are children from the marriage, the child custody agreement becomes a necessity. This agreement covers the children and addresses the issue of their support, custody and visitation privileges. 

In India, it is possible to obtain a divorce without going to court, a process called mutual consent divorce. To avail of this option, both the husband and wife must file a joint petition and state that they have mutually agreed to separate. However, it is important to bear in mind the specific rules and laws that may be applicable depending on one’s religion. People can go through the divorce process really easily if they complete the necessary paperwork and look into alternatives to going to court.

Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law and current developments in the legal field by the best professionals in this area. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993