• Divorce by mutual consent

What is the process of filing divorce by mutual consent? Both me and my wife are not happy in this relationship and I want to break out of this.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. Mutual Divorce is the most simple and easy process to end the marriage when mutual unhappiness has emanated out of it. Total time required is six months from the date of filling papers, but one needs a competent lawyer to handle the entire process as there are certain legal and technical requirements and procedures like counselling and verifications. 

2. Filing of mutual divorce has to be preceded by a separation of one year between the spouses, albeit it does not have to be judicial in nature. 

3. If you and your wife are into a positive agreement to separate then mutual divorce can be applied at the earliest, whereas in the event she refuses to separate mutually, you may unilaterally file for divorce on the ground applicable to the facts of your case. After the filing of an affidavit on the first motion by the spouses the statements of both spouses would be recorded whereafter the second motion would be filed by the spouses after a gap of 6 months. If on the second motion the court is convinced that all the legal compliance have been made then he will grant divorce.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Hi, both you have to file joint petition in the family  court after filling the petition both of you to wait for 6 months and thereafter court will grant decree of divorce.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Mutual consent divorce is the best way of separating without any hearburn and the easiest way. When two persons happily get into relationship out of their free consent and when the relationship turns sour, the couple should also have the right and liberty to end it as well. In MCD you will have the flexibility of your own terms and it enables the couple to partaway on a good note, without any litigation and is less expensive and the divorce decree is not challengable and no alimony is granted in MCD and the decision is left to the couple.

Before filing the case, a separation of one year is required.  Actual physical seperation is not required and even if both parties are sleeping in the same bedroom they are said to be separated, if they are not living like husband & wife.

A Memorandum of Understanding mentioning the terms on which the couple wants to part away and to ensure that it is properly drafted and there should be no scope for any future litigation on the terms mentioned in the MOU.

A Joint petition(containing the contents of MOU) for mutual consent divorce is to be prepared with the facts of date of marriage and since when the husband & wife are separately living and a brief note on the reason and differences that have cropped up between them and that's the reason why they are not living together. Personal facts need not be given.

Both have to file a joint petition(including No future claims clause) but their vakalth will be filed by separate Advocates.

Comes up for hearing. On the date of first motion statements are recorded of both husband and wife need to sign in court the joint petition and then get a six months future date(to rethink over their decision) and there will be a reconciliation stage and once they present and sign on second date the decree of divorce is granted.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
1.	I assume both of you are Hindus by Religion.  In this case, in order to file a petition for obtaining a divorce by mutual consent, you will have had to have stayed apart or living separately for one year. 

2.	In most case the time required for grant of a Divorce in Bangalore is about a year. A compulsory waiting period of six months from the date of filling papers, is observed by the Court and the first date of hearing of the Petition is only six months after the date of filing of the petition for Divorce. 

3.	Both the parties are required to be present in the Court on the date of filing the Divorce Petition to comply with the verification process in the Court Office.
Chandra Pal Singh
Advocate, Bangalore
3 Answers
0 Consultations
5.0 on 5.0
1) for filing for a divorce under mutual consent, it is necessary for the husband and wife to have lived separately for at least a year

2)MCD is  initiated by filing a petition, supported by affidavits from both husband and wife , in the Family court  Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. 

3) After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. 

4) After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree.
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
as told by experts you have to file it through two motion with gap of six months. you will get decree of divorce
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Excellent decision if both of you feel that your are just forcibly carrying on the stale relationship. You can call off the tie and move on in your individual lives with dignity and respect on each other,

2. Disastrous decision if taken impulsively getting enraged since Divorce is the 2nd most stressful event in one's life,

3. However, if you have already completed one year of marriage and can show that she has been staying seperately from you for more than one year, then you can file a petition for Mutual Consent Divorce, if you so decide,

4. You will have to appear before the Court during the 2nd motion after 6 months from the date of filing the MCD when a decree of Divorce will be passed by the Court,

5. Engage a local lawyer for the purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Both of you are no longer wanted to continue your matrimonial relationship are free to part company to each other and one of the best ways is mutual consent divorce, I. e. both parties(husband and wife) jointly file divorce petition after amicably settling issues between them,if any.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Mutual divorce has to be preceded by a separation of one year between the spouses, albeit it does not have to be judicial in nature.
And its a part of both parties consent.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
Hi,
 The law of divorce is different according to the religion.
 all can apply for mutual consent divorce except Muslims as they have it in their religious  way through different forms of talaque. The mandatory period of separation required ,before the mutual consent petition is  also different according to the religion.
 If you are a Hindu and got married as per the Hindu vedic rites ,  after one year for  marriage  you can file mutual consent divorce .
  settle your disputes with your spouse , of claims of jewelry, payment , property alimony, maintenance, custody of kids etc, if any, and draw a consent term , submit it along with the petition .The reason you mention for divorce is non-compatibility  and not getting along with each other's company. .6 months time you will get the order and two times you both have to attend the court. The mutual consent divorce is   the amicable way to end your marriage without  any messy fights or accusation in the court .

Whereas the case of christians the mandatory separation period is two  years, only  after two years  of marriage the mutual consent divorce can be applied . The mandatory separation of one year or two years according to the religion or personal laws is a technical requirement  .So this can be adjusted considering the parties are consenting , is calculated from the date of marriage to the date of filing divorce. a separation can be shown within few days of marriage  with the consent of the parties.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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