Stepwise Process of Mutual Divorce
The mutual divorce process has 7 steps, which are explained below. These steps cover everything from starting the process to getting the divorce decree for the husband and wife.
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 think about consulting a marriage counselor 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
Fill mutual divorce application form. Within 24 hours after filling completing the form, we send an email to both the husband and wife, outlining the next steps they need to take. Additionally, we provide them with a stepwise process tailored to their specific case, along with our contact details.
Step 2: Finalize Divorce Terms and Share Documents
In a mutual divorce, the terms concerning alimony or maintenance, child custody, distribution of assets, etc., need to be mutually agreed upon by the husband and wife. After finalizing these terms, both the husband and wife provide us with their documents. Once we've verified the documents, we move on to Step 3.
Maintenance/Alimony
The husband and wife need to determine how they will provide financial support to each other following the divorce. If either party requires financial assistance, the other party can offer it through regular monthly payments (maintenance) or a single lump-sum payment (alimony). If neither requires support, they can mutually waive maintenance and/or alimony.
Child Custody
The husband and wife must create a parenting plan. This plan should outline custody arrangements, including the time the child will spend with each parent and who will be in charge of decisions about the child's education and health. It's vital for both parents to set aside their differences and prioritize their child's well-being.
Assets
Husband and wife are required to compile a comprehensive list of their belongings and any outstanding debts. This list should encompass various types of assets, including but not limited to properties, bank accounts, investments, vehicles, and retirement accounts. Then they should create a plan on how to divide these items in an agreement.
Step 3: Make First Payment and get Mutual Divorce Petition
Once verification of divorce terms and documents, the parties are required to make the first payment of ₹5,000 (₹10,000 for NRIs) after which we draft their Mutual Divorce Petition. Husband and wife are required to check the petition 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 Mutual Divorce Petition is finalized, the parties need to make their second payment of ₹15,000 (₹20,000 for NRIs). Once we get the second payment, we schedule the First Motion Court proceedings. These proceedings vary from court to court. Below is the court-wise process:
- Once the case file is finalized, the husband and wife need to visit court to sign the file and get it attested by an oath commissioner. On the same day, the case is filed in court.
- A few days after that, the case gets listed for a First Motion hearing, and we inform the parties of the court date.
- On the first motion hearing, the honorable family judge records the statements of the husband and wife.
- Once the case file is finalized, the husband and wife need to visit court to sign the file and get it attested by an oath commissioner. On the same day, the case is filed in court.
- Next day, the case gets listed for First Motion hearing.
- On the first motion hearing, the honorable family judge records the statements of the husband and wife.
- Once the case file is finalized, the husband and wife need to visit court to sign the file and get the case file attested via an oath commissioner. On the same day, the case is filed in court.
- A few days later, the court checks the case file, and if everything is in order, the first motion is completed.
- If anything is missing from the case file, then we need to remove the objections, and once all objections are removed, the first motion is completed.
- Once the case file is finalized, the husband and wife need to visit court to sign the file and get the case file attested via an oath commissioner.
- Any of the parties (husband or wife) needs to bring a family member along.
- On the same day, the case is filed in court and it gets listed for a First Motion hearing, and the honorable family judge records the statements of both parties.
- Once the case file is finalized, the husband and wife visit our office to sign the file.
- After that, we file the case in court, and the first motion is completed.
Step 5: Cooling off Period/Mediation/Counselling
After First motion, court gives time to husband and wife to think over their decision. Some courts have a mandatory mediation/counselling session for the husband and wife. Below is the court-wise process:
- After first motion hearing, the court gives six months’ time to husband and wife to think over.
- If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can move to Step 6 by filing an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets scheduled before six months.
- After first motion hearing, the court gives six months’ time to husband and wife to think over.
- If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can move to Step 6 by filing an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets scheduled before six months.
- 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.
- 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.
- After the first motion, the court schedules a mediation session after 6 months. In the mediation session, a mediator tries to patch things up between the husband and wife.
- 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 mediation session gets preponed.
- A few days after the mediation session, the case gets listed for court hearing if the parties remain firm in their decision to divorce.
Step 6: Make Final Payment for Second Motion
If husband and wife remain firm on their decision to divorce, they make the third and final payment of ₹15,000 (₹20,000 for NRIs), after which we schedule the second motion hearing. In the second motion hearing, the honorable family judge records the final statements of the husband and wife, after which the divorce is granted.
Step 7: Get Divorce Decree
1-3 weeks after the court proceedings, the 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 Stepwise Process FAQ
The first step in the mutual divorce process is to confirm your decision to pursue a divorce. This is a crucial step because divorce is a significant life decision that can have lasting effects on your life and the lives of those involved. Here’s a more detailed explanation:
- Confirming Your Decision: Before initiating the divorce process, take time to ensure that you are certain about your decision to end your marriage. Divorce is a major life event, and it’s essential to be sure about your choice.
- Seeking Support and Guidance: It’s highly advisable to discuss your decision with trusted individuals such as family members and close friends. They can provide emotional support and different perspectives that may help you make an informed choice.
- Consulting a Marriage Counselor: In some cases, it’s beneficial to consider professional guidance from a marriage counselor. A counselor can help you explore the reasons behind your decision, work through any unresolved issues, and even explore the possibility of reconciliation if that’s something you’re open to.
- Making an Informed Choice: Confirming your decision doesn’t mean you’re committed to divorce immediately. It means you’re taking a responsible approach to this significant life change. After discussions and, if needed, counseling, you’ll be better prepared to decide whether divorce is the right path for you.
In summary, this first step emphasizes the importance of thoughtful consideration, seeking support, and making an informed choice before proceeding with the mutual divorce process.
After confirming your decision, you can move on to Step 1, which involves filling out the Mutual Divorce Application Form. You have the option to choose between filling out our Online form or WhatsApp form.
It is important to emphasize that this form should only be completed when both husband and wife have reached a final decision to divorce each other. By using our streamlined application process, you can take a significant step towards initiating the mutual divorce procedure efficiently and effectively.
To know the Stepwise Process of mutual Divorce in the cities of Delhi, Noida, Mumbai, Gurugram and Bengaluru, click Stepwise Process Mutual Divorce.
The mutual divorce terms and conditions are the agreements reached between the spouses regarding various aspects of their separation, such as Child Custody, maintenance, alimony, property division, and other relevant matters. These terms outline how the couple will manage their post-marital lives and responsibilities.
The divorcing spouses themselves need to decide these terms and conditions through mutual agreement. They negotiate and discuss each aspect, considering their individual needs and circumstances. Legal professionals or mediators may assist in facilitating these discussions and ensuring that the terms are legally sound and fair to both parties. Both spouses need to consent to the terms before they can be finalized and submitted to the court for approval. Once both parties are satisfied with the terms, they are documented in a legally binding agreement and presented to the court as part of the mutual divorce process.
It’s important to note that in a mutual divorce, the court’s involvement is generally limited to approving the terms and conditions that the spouses have agreed upon regarding Child Custody, maintenance, alimony, property division, and other relevant matters. The court’s role is to ensure that the agreed-upon terms are legally sound and in accordance with applicable laws. If the terms are fair and reasonable, the court is likely to approve them. However, if the court finds any terms to be unjust or against legal norms, it might ask for revisions or adjustments. In essence, while the court does review and approve the terms, the actual decision-making process is primarily carried out by the divorcing spouses through negotiation and agreement.
The time period for a mutual divorce case may vary depending on several factors. These factors include the availability of both husband and wife on court working days, their willingness to promptly complete all necessary tasks, and the workload of the particular court.
In general, if both husband and wife efficiently fulfill all formalities and the court processes the waiver of the six-month waiting period immediately after the first motion, completing the entire process can take as little as 1-2 months.
However, if the parties do not file the waiver application for the six-month waiting period, or if they file it but the court does not approve it, then the mutual divorce process can take approximately 6-7 months to finalize.
Furthermore, in the event that either party wishes to wait for more than six months before finalizing the dissolution of their marriage after the first motion hearing, they have the option to postpone the second motion hearing for a maximum period of 18 months from the date of the first hearing.
No, a Mutual Divorce case does not linger on in courts. In mutual divorce, both parties (husband and wife) seek the same relief from the court, which streamlines the process and ensures a quicker resolution. The cases that tend to linger on are those where one party seeks particular relief while the other opposes it, as seen in contested divorce cases. In such contested scenarios, the court may take longer to resolve the issues and reach a final decision. Therefore, mutual divorce cases are generally known for their efficiency and relatively swift conclusion.
When facing a situation where your spouse is not providing maintenance or alimony during a mutual divorce, it’s essential to take a careful and strategic approach. Agreeing to the mutual divorce right away might seem like a quick solution, but it could lead to financial difficulties in the future.
Instead, you should seriously consider your right to claim maintenance or alimony from your spouse. To do this, you will need to initiate a separate legal case focused on securing the financial support you deserve.
By filing a case for maintenance or alimony, you ensure that your rights are acknowledged and addressed through the legal process. This course of action allows the court to thoroughly evaluate your situation and your spouse’s capacity to provide support. Factors such as your financial needs, living expenses, and any other dependent family members will be considered during this evaluation.
Although this process may take some time and could involve some complexities, pursuing a separate case is crucial to safeguard your financial well-being, especially if you are dependent on your spouse’s support. The court’s decision will be based on fairness and equity, aiming to ensure that you receive adequate financial assistance after the divorce.
Remember, consulting with a knowledgeable family law attorney can significantly help you navigate the legal complexities involved in securing maintenance or alimony. They can provide you with guidance, represent your interests in court, and work towards achieving a favorable outcome for you. Taking this approach empowers you to protect your rights and financial stability during and after the divorce process.
If either the husband or wife changes their mind during mutual divorce, the case will get stuck. Without both parties’ agreement, the divorce cannot proceed. In this situation, the spouse seeking divorce has two options: wait for the other spouse to agree or file a contested divorce case.
During a mutual divorce, both spouses need to agree to end the marriage. If one person, whether it’s the husband or wife, no longer wants the divorce, it creates a problem. It’s important to talk openly and honestly during the process to understand each other’s feelings.
If the couple can resolve their differences and agree again, they can continue with the mutual divorce. But if they can’t, they’ll have to go through a contested divorce. This involves a longer legal process, where the court decides on issues like child custody and property division.
If both the husband and wife decide not to pursue the mutual divorce case, they have options to withdraw it gracefully. They can file a withdrawal application or verbally record their statement before the judge. Alternatively, if they prefer not to attend court, they can simply skip their hearing dates, leading to the case being dismissed by default. This allows them to conclude the matter without further legal proceedings.