Divorces can be challenging, but marriages that affect your physical and mental well-being can be just as difficult. In India, mutual consent divorce is becoming more accepted, with people recognizing the realities of their relationships and opting for healthier choices.
According to Section 13B of the Hindu Marriage Act, 1955, the following conditions must be met for a mutual consent divorce:
- The couple can no longer live together.
- They have been living separately for at least one year.
- Both parties mutually agree that the marriage has irretrievably broken down and should be ended.
In cases where the separation is contested, it can only be achieved through evidence of cruelty (both physical and mental), desertion (unjustified separation for two years), infidelity, insanity, etc.
Best Mutual Consent Divorce Lawyer in Delhi
What is a Mutual Consent Divorce?
A mutual consent divorce occurs when both parties agree on the terms of their separation, including issues like alimony, child custody, and property division. Under Section 13B of the Hindu Marriage Act, a mutual consent divorce can be granted if both partners have lived separately for at least one year and have agreed to dissolve the marriage amicably. Similar provisions apply under the Special Marriage Act.
Why You Need the Best Divorce Lawyer for Mutual Consent Divorce
Although mutual consent divorces are less complex than contested ones, they still involve several legal procedures. Having the best divorce lawyer in Delhi ensures:
- Expert negotiation of terms: A lawyer can help navigate issues like child custody, alimony, and division of assets without causing delays.
- Efficient documentation: Ensuring all legal paperwork is correctly filed to minimize court delays.
- Quick resolution: Mutual consent divorces typically require only two court appearances. A skilled lawyer ensures a smooth and timely process.
- Legal safeguards: Ensuring all terms are legally binding to protect against future disputes.
Process of Getting a Mutual Consent Divorce
- First Motion: The divorce process starts with a joint petition by both parties, including details like marriage date, reason for separation, and agreements on child custody, alimony, and asset division.
- Cooling-Off Period: After the first hearing, a six-month “cooling-off” period is given to reconsider the decision. Exceptions to this period can be made by the Supreme Court for quicker divorces, with a well-versed lawyer’s assistance.
- Second Motion: The court finalizes the divorce after the six-month waiting period (if not waived). A competent lawyer ensures everything proceeds smoothly during this phase.
- Addressing Future Disputes: An experienced lawyer drafts settlement agreements to ensure clarity on future disputes, especially regarding post-divorce financial settlements and custody modifications.
Benefits of Hiring a Mutual Consent Divorce Lawyer
Seeking help from experts like a mutual consent divorce lawyer is crucial for navigating the entire process. Key steps include:
- Signing a joint agreement by both parties.
- Recording the first motion statement and signing it in the presence of the court.
- A six-month period to reconsider the decision, followed by a second and final hearing if both parties still agree to divorce.
Our Mutual Divorce Services in Delhi
- Consultation and Legal Advice: Our initial consultations are designed to make you feel heard and supported. We provide comprehensive advice on mutual divorce in India, helping you understand your rights and the legal implications of your decisions.
- Filing and Documentation: Filing for a mutual consent divorce petition requires meticulous attention to detail. Our team assists in preparing all necessary documentation, ensuring that nothing is overlooked and that the process proceeds as smoothly as possible.
- Representation in Court: Although mutual divorces are typically less contentious, having experienced legal representation is crucial. We stand by your side during court proceedings, advocating for your interests and facilitating a respectful resolution.
Advocate Rohit Dandriyal, the leading divorce lawyer in Delhi, provides expert legal solutions for both mutual and contested divorce cases, as well as child custody matters. As a Best Mutual Consent Divorce Lawyer in Delhi, his personalized and experienced approach ensures quick and effective resolutions, allowing clients to move forward and rebuild their lives promptly.