Mutual Divorce in Mumbai
Find all the essential information on mutual divorce in Mumbai, including procedures, eligibility, fees, and legal guidance.
I want to start the process of Mutual Divorce
(All Forms are Reviewed within 24 Hours)
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 Mumbai 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 Mumbai Family Courts, at least one of these documents must have an address within Mumbai. If the parties have any child, then they also need to provide birth certificate of the child.
ID Address Proof
Invitation card & photo
Marriage Certificate
If the parties have any child, then they also need to provide birth certificate of the child.
Stepwise Process of Mutual Divorce in Mumbai 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 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.
Step 1: Fill Mutual Divorce Application Form
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.
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 and schedule First Motion hearing
Once the petition is finalized, we ask the parties to make their second payment of ₹15,000. After receiving the payment, we schedule the first motion hearing. We work in the family courts of Bandra and Thane. Husband and wife need to visit their respective court to sign the file and get the case file attested via an oath commissioner. On the same day, the case is filed in the court. Within few days after that, the court checks the case file, and if everything is in order, the first motion is completed. If anything is missing in the case file, then we need to remove the objections, and once all objections are removed, the first motion is completed.
Step 5: Cooling off Period/Mediation/Counselling
After the first motion hearing, the case gets listed for a counseling session where a family counselor tries to patch things up between the husband and wife. If the counseling fails, then the case gets listed for a final court hearing, six months after the first motion. If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can file an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets preponed.
Step 6: Make Final Payment and schedule Second Motion hearing
If husband and wife remain firm on their decision to divorce, we ask the parties to make their final payment of ₹15,000. After receiving the payment, we schedule the second motion hearing so the parties need to visit the court again. In the second motion hearing, the honorable family judge records the final statement of the husband and wife, after which the divorce is granted.
Step 7: Divorce Decree
Once the Divorce is granted, we apply for the divorce decree in the court. The court takes 1-2 months to provide us the divorce decree. 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 Mumbai Family Courts
The timeline for a mutual divorce case in Mumbai 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 6-8 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.
About Us
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.