What Is The Without Going Court Divorce Process?

Divorce is not an easy task and is mentally exhausting. In India, marriage dissolution processes assuming in a court of law in particular are prolonged, expensive and psych traumatizing. However, if both parties agree and fulfil specific legal requirements, there are alternatives that permit divorce without going to court.

Divorce by Mutual Consent: About

The divorce by mutual consent process is one of the simplest and most popular ways to get a divorce without going to court. Similarly, this applies to Section 28 of the Special Marriage Act, 1954 and Section 13B of the Hindu Marriage Act, 1955 as well as other personal laws concerning various religions in India. For example, Christians can file for divorce under the Indian Divorce Act, 1869, while Muslims can do so under their own personal law.

• Mutual Consent: Both spouses must give their approval for the dissolution of marriage without any form of coercion or intimidation. Both parties must consent. 
• Mandatory Separation Period: Before filing divorce papers, the two spouses must have been separated for at least one year. The phrase "living separately" suggests that the pair has not lived together as husband and wife during that time, but it does not necessarily signify that they are in different places.
• Failure to Reconcile: The pair must show that they cannot coexist and that there is no chance of getting back together.
• Two Motion Procedures: First Motion and Second Motion are the two phases of a mutual consent divorce. Following the joint filing of the first motion, the court requires a six-month waiting period before submitting the second motion, giving time for reconciliation.

Without Going Court Divorce Process

Mediation and Conciliation:

Couples may encounter conflicts in their relationships, but most of the time, they are willing to utilize alternative conflict resolution mechanisms such as mediation and conciliation to solve their differences. These approaches involve the process of negotiating and resolving disputes with the help of a neutral third party.

• Mediation entails an objective third party, termed a mediator, engaging the party in dispute in conversations to assist them in finding a common ground agreeable to all the parties. It is useful when resolving issues such as the division of property, payment of spousal support, and issues concerning children. 
• A conciliation process is where a conciliator tries to help the couple come to a solution the same way mediation works; however, it is different from mediation. Before a lawsuit is filed, the techniques are often employed as a means of provoking threats. 

Divorce via Arbitration:

• Arbitration is a different method of ADR in which a third party is appointed to resolve conflicts that arise between the parties.
• An arbitration order can be executed similar to that of a district court and the decision of the arbitrator is conclusive.
• Even though arbitration is not so common in Indian divorces, it still may serve a purpose in resolving disputes especially monetary ones.

Advantages of a No-Court Divorce Process

• Effective Use of Resources: In the case of a provided consent to divorce, it is rare for an adversarial process to set in motion as it is relatively quick and inexpensive. This is because the legal machineries are fast tracked since there is a consensus from both parties.
• Low Level of Anxiety: Psychological features of people however change with the people and court procedures can be much less anguishing than those included in ADR for example mediation.
• Secrecy: Most divorce processes tend to the distribution of information about the divorce or keep any of the relatives from talking. Mediation, for instance, is a process that remains undisclosed.
• Variety of Strategies: In this respect, family arbitration and family mediation planning do not have to come from one judge’s thinking. The flexibility of finding ways for parties to settle their disputes with them controlling the process is what ADR systems aim at.

The law provides mechanisms to enforce compliance with legal obligations while minimizing court attendance. Still, the presence of legal advisers and knowledge of the applicable laws are crucial in achieving success.

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