Mutual Divorce Lawyer In Delhi

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Updated: 03-04-2024

Mutual Divorce: What is It?

Whenever a husband as well as his wife decides to end or terminate their relationship and get divorced in mutual conditions, they can file for a mutual divorce. In the simplest terms, a mutual divorce happens when the husband and the wife, or both, agree to the divorce.

According to section 13B of the Hindu Marriage Act of the year 1955, the following important conditions must be met in order for a divorce to be successful with mutual consent:

The husband and the wife are no longer allowed to cohabitate with each other.
There has been a year or more that they have lived separately.
They have both reached a mutual agreement that the marriage is no longer viable and it should be dissolved as soon as possible.

Mutual Divorce Process

The Mutual Divorce Process is:

Mutual Divorce Petition: Filing

Both the husband and his wife, with their agreement, should move to the court to file the divorce petition.
The petition contains all property and child-related agreements as well as the grounds for the divorce.
The family court is then consulted to make further judgments.

Appearing In front of the Family Court Judge

To attempt to mediate a settlement, both parties must appear before the judge before appearing in court for any further proceedings, in which case both parties must appear in the Family Court with their counsel.
The court then records the statements made by each party and checks the petition and the supporting documentation.

Duration of the First and Second Motion

The court issues the order for the first motion following the hearing of statements from both parties.
The couple can reevaluate their decision during a six-month cooling-off period (which, according to a Supreme Court decision, can be waived if the couple has been living separately for more than 18 months prior to filing the initial motion).
The second motion of order may typically be submitted eighteen months after the first motion. They both request a second order of motion in the event that the divorce judgment is upheld.

Final Decision by the Court

After considering both petitions for orders, the court issues the final decision of mutual agreement divorce, which dissolves their marriage and makes them legally single.

Role of Mutual Divorce Lawyers: Sharks of Law

Adv Anshul Jain onboarded at Sharks of Law submits the divorce petition to the court and serves the opposing party, the respondent, with a copy of it. He informs the parties of the conditions and grounds for the mutual divorce. Since every state has its unique grounds for mutual divorce, he is familiar with them in order to help and advise the clients on the proper ground.
As the mutual divorce procedure is painful, Adv Mahideep Singh onboarded at Sharks of Law seems to lessen the discomfort. Simultaneously, he communicates with the client often about the actual issues, like how this might affect their future.
Adv Soumi Guha Thakurta onboarded at Sharks of Law assists clients in dividing their assets amicably and evenly. It happens frequently that one spouse is unaware of the other's possessions. By gathering the required information and resolving the property or asset dispute in a clear and concise manner, she can assist them in this regard.
The debt payment process is the primary source of contention in each divorce. The spouses frequently have a history of accumulating joint debt. In this case, Adv Mahendra Parmar and Adv Kanchan Kumari onboarded at Sharks of Law assist them in analyzing the debt plans and coming up with a strategy for splitting the debt or exempting her clients from it.

Sharks of Law is a one-stop legal destination of repository of mutual divorce lawyers’ expertise in divorce laws possessing the highest legal qualifications in mutual divorce matters. You can find a lawyer who satisfies your legal needs with this mutual divorce law firm. The legal professionals at Sharks of Law have the necessary experience to offer you legal consultation in the areas of mutual divorce matters where you need it.

Email:-helpdesk@sharksoflaw.com

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