1. How to start the process and what are the main steps ?
This is the easiest form of divorce and not eligible for appeal too. The process is very simple, a joint petition seeking divorce on the grounds of mutual consent shall be applied before the jurisdictional family court, the jurisdiction will be the place of marriage, or the place where you both last resided together or the place where she currently resides. A single lawyer for both the petitioner s shall be enough.
2. Do we have to appear in court ?
Yes, both have to appear before court twice, one for the first time while filing the case and another at the time of pronouncement of dissolution of your marriage by a decree of divorce at the second motion i.e., after six months of first motion.
3. How much time does it take from the day of filing ?
4. Is there any pre-condition like husband and wife have to stay separate for certain time before the divorce can be filed ?
One year separation between them shall be sufficient, i.e., they should have lived separately away from each other at least one year prior to the date of filing this case.
5. How much alimony will I have to pay and for how long ?
Alimony aspect will be decided on various factors, i.e., at par with your status, after calculating her salary etc the quantum alimony shall be decided however it becomes her duty to prove your income on that, but this factor can be decided between you both before filing the case. This alimony shall continue till her life time or upto the time of her remarriage
6. How much child support will I have to pay and for how long ?
Child support will depend on the mutual agreement between you both because you may decide to have some FD too on your child or you may undertake to take case of the child's education and future expenses.
7. I have a couple of properties, one purchased before marriage and the other after marriage, but both are in my name only. What does the law say regarding properties owned by husband ?
As per Indian laws, the properties lying on your name shall be your own property, she cannot claim a share in it
8. What does the law say regarding other assets of husband, like bank accounts, car etc. that are acquired during marriage ?
The answer for 7 above suits for this too
9. Any other suggestion/advice ?
Better make one time settlement in respect of alimony amount to her as well as to the son. This may avoid litigation in future. A memorandum of understanding covering all issues of concern may be reduced to writing before filing the joint petition for mutual consent divorce.