Complete Guide to Mutual Divorce in Bangalore: Eligibility, Documents, Process, Fees & Timelines
Eligibility for filing a Mutual Divorce case
For mutual divorce to take place:
- Both the husband and wife must consent to the divorce.
- The couple must have mutually agreed upon the terms of the divorce including child custody, alimony, maintenance, and other related matters.
- The couple must not have been living as ‘husband and wife’ for a minimum of one year.
Documents Required for Mutual Divorce in Bangalore Family Courts
To file a mutual divorce case in the Family Court, both the husband and wife need to provide their ID and address proof, along with a proof of marriage. The document required for proof of marriage may vary depending on the type of marriage ceremony. It could be a Marriage Invitation Card, Marriage Photo, or Marriage Certificate.
It’s important to note that for filing a case in Bengaluru Family Courts, at least one of these documents must have an address of Bengaluru.
ID Address Proof of Husband and Wife
Wedding Card or Marriage Certificate
Please Note
To file a case in the Bangalore Family Courts, either the address proof of the husband or wife, or the wedding card, must mention an address within Delhi
Stepwise Process of Mutual Divorce in Bengaluru Family Courts
The mutual divorce process is completed in 7 steps, as mentioned below. These steps cover the entire process, right from the start till the time the husband and wife get a divorce decree.
Preliminary Step: Confirm Your Decision
Are you certain about pursuing a divorce? It’s a significant decision, and we advise you to discuss it with family, relatives, or friends before taking this major step. You might also consider consulting a Marriage Advisor before finalizing your decision. Once you’ve made up your mind to proceed with the divorce, you can move on to Step 1.
Step 1: Fill Mutual Divorce Application Form
Within 24 hours of receiving your details, we will send an email to both the husband and wife with the next steps to follow.
Step 2: Finalize Divorce Terms and Share Documents
In a mutual divorce, all the divorce terms related to alimony or maintenance, child custody, distribution of assets, etc. are to be decided mutually by the husband and wife. Once these terms are decided, we ask the husband and wife to share their documents with us. Once we verify the documents, we go to Step 3.
Step 3: Make First Payment and get Mutual Divorce Petition
After verification of documents, we ask the parties to make their first payment of ₹5,000. After receiving the payment, we prepare and share the Mutual Divorce Petition with the parties. Husband and wife are required to check the petition carefully and let us know if any changes are required. Once they confirm everything is fine, then we move to Step 4.
Step 4: Make Second payment for First Motion
Once the petition is finalized over email, we ask the parties to make their second payment of ₹15,000. After receiving the payment, the husband and wife need to visit our office to sign their case file. Once it’s signed, we file the case in court for first motion.
Think Over
Step 5: Cooling off Period/Mediation/Counselling
After the first motion, husband and wife are required to attend a Mediation session at the Nyaya Degula Building. In the mediation session, a mediator tries to patch things up between the Husband and Wife. This mediation session is scheduled after six months of first motion. If husband and wife do not want to wait for six months, then they can file an application for the waiver of six months. Parties presence maybe required during the presentation of the application for the waiver of the six months which will be informed in advance. If the waiver is allowed, then the mediation session gets preponed.
Step 6: Make Final Payment for Final Court Hearing
If husband and wife remain firm on their decision to divorce, then the mediation gets over and we ask the parties to make their final payment of ₹15,000. After receiving the payment, we schedule the final court hearing. Bengaluru has two family Courts: Bengaluru Urban Court and, Bengaluru Rural Court. Husband and wife need to visit their respective court and then the honorable family judge records the final statements of the husband and wife, after which the mutual divorce is granted.
Step 7: Divorce Decree
Few days after the second motion hearing, Bengaluru Family Court provides two divorce decrees, one for the husband and one for the wife. As soon as we get it from the court, we mail it to the parties. The parties can also collect the divorce decree from our office.
Mutual Divorce Fees
We charge case fee in 3 easy parts:
1st Payment ₹5,000 only
Drafting
2nd Payment ₹15,000 only
First Motion
3rd Payment ₹15,000 only
Second Motion
Timeline for Mutual Divorce case in Bangalore Family Courts
The timeline for a mutual divorce case in Bengaluru Family Court may vary depending on several factors such as the availability of the husband and wife on court working days, their willingness to complete the required tasks on time, the rush in a particular court, etc. However, in general, if the waiver of 6 months is filed just after the first motion and it gets allowed, then the entire process can be wrapped up in 1-2 months. On the other hand, if the waiver is not allowed, then it takes about 6-7 months to complete the process. It's important to note that these timelines are subject to change based on individual circumstances and the specific details of each case.
Conclusion
Navigating mutual divorce in Bengaluru is a structured process, requiring mutual consent and specific local documents. Our guide details the clear, step-by-step process, transparent phased fees, and varying timelines (1-2 months with waiver, 6-7 months without). Achieve a peaceful resolution and your divorce decree with dedicated support.
If you and your spouse are ready to move forward amicably, take the first step by filling out the Mutual Divorce Application Form today.
Office
FAM Legal, 839, Lakshmi Narasimha, 5th Main Rd, Indira Nagar 1st Stage, Indiranagar, Bengaluru- 560038
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+91 93100 47950
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