• Divorce out of court

Res Attorney,

     I am planning to take divorce from my partner. We are ready to do out of court settlement. We are leaving separately for more than a year. Will out of court settlement is acceptable all over the world? Or do I need a court order saying that he is no longer my husband/Spouse. I want to do a fresh start in my life. I do not want any penny from him & do not want any obligation down the road. Will out of court settlement be acceptable all over the world or it is not? May be I can start my career in different country. I do not know anything at this point. I want to resolve this issue once it for all so that it can not create any legal issue, problems in my future. What to do next? My parents are old & I do not have any kids.
Asked 1 year ago in Family Law from United States
Religion: Hindu
Will out of court settlement is acceptable all over the world?
No it is not recognized as per the Indian laws itself where your marriage was solemnised.


Or do I need a court order saying that he is no longer my husband/Spouse.
Yes, you need to dissolve your marriage with her by a decree of divorce by a proper court of law and that will be only authenticated document to prove your status as divorcee.


Will out of court settlement be acceptable all over the world or it is not?
No it cannot be recognised by law of any country.


You better apply for mutual consent divorce by asking him to sign the papers and this divorce case will disposed within 6 months from the date of divorce application. 
T Kalaiselvan
Advocate, Vellore
16525 Answers
153 Consultations
5.0 on 5.0
Divorce out of court by a settlement is not valid in India, if your marriage is solemnized in India or your last residing were in India then you have to get order and decree from a competent court in India.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1) you have to file petition for divorce by mutual consent in court 

2) mutual consent divorce takes around 6 months 

3) you need court order for valid divorce 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1421 Consultations
5.0 on 5.0
1. Divorce can be granted only by the court. In no democratic polity the spouses can enter into an agreement to end their marriage without seeking the intervention of court.

2. If your husband is also ready to end the marriage then both of you may file for mutual divorce in the court which would be granted within 6 months.

Ashish Davessar
Advocate, Jaipur
19213 Answers
484 Consultations
5.0 on 5.0
1. Divorce is taken from husband/wife and not from partner,

2. If you are legally married, you an apply for and avail a decree of divorce dissolving your marriage,

3. Out of court divorce is not acceptable in our country,

4. Negotiate with your husband for mutual consent divorce which will be granted within 6 & 1/2 months from the date of its filing before any Court in India,

5. You can file No-Fault divorce suit in USA also which will be decreed within just few months and No-Fault divorce decree granted by USA Court is treated as mutual consent divorce by Indian Courts,

6. Consult with your husband and file No-fault divorce petition in USA.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
280 Consultations
5.0 on 5.0

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