File petition for divorce by mutual consent
during mediation raje the plea that you want reconciliation and do not want divorce
you can withdraw your consent for divorce
Hi, My wife is forcing me for mutual consent threatening she will not sign to release all her rights from my business. I cannot risk that as her family has the political background to spoil my business. If I sign a mutual petition with an unfair share of the property, will I get a chance to let the court know I was forced to sign but I am not satisfied with the settlement demand in the next steps after filing the petition? So that I will be given a chance to negotiate which I have not given now? It is like almost having a knife in the neck until I file. Can I back off to go for the next steps in mutual divorce after filing? Please consider there is no option other than filing the petition now. Give me options after filing a mutual divorce petition alone. Thanks
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Also if she demands to file waiver of 6 months cooling period also as she is not living with me for past 3 years
File petition for divorce by mutual consent
during mediation raje the plea that you want reconciliation and do not want divorce
you can withdraw your consent for divorce
Thanks. As mentioned will there be any mediation stage if she demands 6 months waiver? And basically, I don't want reconciliation but want to negotiate on the agreement.
Yes. If you go strategically then you will be able to re-negotiate the settlemrnt terms and may change the wind also.
You cannot be forced to stay with your wife
you should negotiate before filing consent terms in petition for divorce by mutual consent
The mutual consent divorce as the name suggests, it cannot be forced on you.
You can deny to sign the petition or you can withdraw yor consent at the later part of the case, i.e., during the second motion too.
However you have all the rights to revolt against them, even if they are politically influenced people.
Before that you can act cunningly for now and sign the papers as if you agreed for all the conditions, but at a later stage you can withdraw the consent either by filing a memo or informing your unwillingness before the court during the second motion.
You have to give no objection for filing a petition to advance the hearing and also for waiving the cooling period, which you always can refuse.
There may be a mediation session or not, but you can always express your objection to the conditions and the situations to which you were forced to sign this mutual consent divorce papers.
The court will certainly accept your version and may dismiss the divorce petition.
If you are scared or not knowing the further proceedings properly, you can engage the services of an advocate to speak on your behalf.
- Yes, you can back off to go for the next steps in mutual divorce after filing the petition and even after passing the order on First motion.
- Further, on your refusal for mutual consent , she cannot take any legal action against you , however she may file a contested divorce petition
- Further, as per law, the maximum period to file for a Second motion is 18 months from the date of presentation of the First Motion/divorce petition in the family court.
A mutual divorce petition is a legal document that expresses the consent of both the spouses to end their marriage and settle all the issues related to alimony, child custody, property division, etc. Once the petition is filed, the court will give a six-month cooling-off period for the parties to reconsider their decision and try to reconcile. After six months, the parties have to appear before the court again and confirm their consent for the second motion. If both the parties are still willing to divorce, the court will grant a decree of divorce by mutual consent.
However, if one of the parties changes their mind or is not satisfied with the settlement terms, they can withdraw their consent at any stage before the decree is passed. The consent given by the parties must be free and voluntary, and not obtained by force, fraud, or undue influence. If one of the parties proves that they were coerced or deceived into signing the petition, the court will not grant a divorce by mutual consent.
Therefore, you have some options after filing a mutual divorce petition: