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For mutual divorce to take place:
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 within Bengaluru.
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.
Are you sure of taking divorce? It’s a difficult decision to make, and we recommend that you consult with your family members, relatives, or friends before taking this extreme step. You may also consider visiting a marriage counselor before you finally decide to divorce. When you have finally decided to divorce, you move to Step 1.
Click mutual divorce application form. Within 24 hours of form submission, we we initiate an email conversation with the husband and wife to start the process of mutual divorce.
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.
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.
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.
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.
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.
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.
Drafting
First Motion
Second Motion
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.
We are dedicated to providing couples with correct guidance related to marriage counseling and mutual divorce laws. Our mission is to help couples who have decided to end their marriage to do so respectfully and amicably. We recommend that they consult with their family members, relatives, or friends before taking this extreme step. We also recommend that they visit a marriage counselor before finally deciding to divorce.
Once they have finally decided that getting a mutual divorce is in their best interest, we assist them with the court proceedings. We strive to make the court proceedings stress-free and hassle-free. Visit https://mutualdivorcelawyer.co.in/ for more information.
You can call or whatsapp us at 09310047950 (9 am to 6 pm IST, Mon-Sat) or email us at help@mutualdivorcelawyer.co.in.