Mutual Divorce in Noida

Find all the essential information on mutual divorce in Noida, including procedures, eligibility, fees, and legal guidance.

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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 Noida Family Court

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 the Noida Family Court, at least one of these documents must have an address within Noida.

ID Address Proof

Invitation card & photo

Marriage Certificate

Stepwise Process of Mutual Divorce in Noida Family Court

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.

Mutual Divorce Preliminary Step: Confirm Your Decision
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.

Mutual Divorce Step 1: Fill Mutual Divorce Application Form
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.

Terms & Conditions for 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.

Mutual Divorce Step 3: Make First Payment and get Mutual Divorce Petition
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.

First Motion Hearing in Court
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. The husband and wife need to visit the court to sign the file and get the case file attested via an oath commissioner. The wife also needs to bring a family member along. On the same day, the case is filed in court and it gets listed for First Motion hearing on the next day. In the hearing, the family judge records the statements of both parties, if everything is in order.

Time to rethink during cooling off period
Step 5: Cooling off Period

After the first motion hearing, the case gets listed for a second motion hearing after six months. 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.

Second Motion Hearing
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 complete the second motion documentation and schedule the final hearing. The husband and wife need to visit the court again. In the second motion hearing, the honorable family judge records the statements of both parties, if everything is in order. Once this is done, the mutual divorce is granted.

Divorce Decree
Step 7: Divorce Decree

1-3 weeks after the second motion hearing, Noida 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 Noida Family Court

The timeline for a mutual divorce case in Noida 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.

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.

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