The Easy Way Out How to File for Mutual Divorce and Find a Mutual Divorce Lawyer Near Me
Ending a marriage is never just about paperwork it’s a huge life change. But if you and your partner agree to part ways, the law in India gives you a peaceful, fast, and simple option Mutual Consent Divorce.
Stop asking, How do I file for mutual divorce? and start thinking, How do we start our new lives? This guide makes the legal process easy to understand.
What is a Mutual Consent Divorce and How Can a Mutual Divorce Lawyer Near Me Help?
A mutual consent divorce is a legal process where both spouses agree to end their marriage amicably. With the guidance of a mutual divorce lawyer near me, couples can navigate the documentation, settlement, and court proceedings smoothly, ensuring the separation is quick, respectful, and legally sound.
The Three Main Rules for Filing
The law that mostly handles this is the Hindu Marriage Act, 1955 (Section 13B), for most couples in India. You must meet these three conditions:
- Lived Apart: You and your spouse have been living separately for one year or more.
- No Hope: You both truly feel you cannot live together anymore.
- Joint Decision: You both agree that the marriage must end.
Also, generally, you must wait until your marriage is at least one year old before you can even file the petition.
Step-by-Step: The Simple Court Process
The legal process has two main appointments in the Family Court, which lawyers call ‘motions.’ Your mutual consent petition lawyer manages the paperwork and tells you when to show up.
Step 1: Get the Agreement & File the First Paperwork
- Finalise the Deal: You and your spouse finish talking about all the money and property issues. Get a lawyer to write this down in a strong, clear couple agreement. This is your family settlement.
- Find Your Lawyer: You hire a specialist mutual divorce lawyer near me. If you are living outside India, you need an online mutual divorce lawyer India.
- Go to Court (First Motion): Both of you must go to the Family Court together. The judge will ask you a few simple questions to make sure you both want the divorce and are not being forced. Your lawyer files the joint petition.
Step 2: The Waiting Period and the Final Decree
- The Waiting Time: By law (Section 13B(2)), the court makes you wait for six months to give you a chance to think it over. This is called the ‘cooling-off period.’
- Go for a Fast Divorce: If you want a quick finish, your lawyer can ask the court to skip this waiting time. If you’ve been separated for a long time (more than 18 months in total) and everything is settled, the court can waive it. This is the key to a fast-track divorce.
- The Last Day in Court (Second Motion): After the wait (or waiver), you go back to the judge one last time. You confirm your decision. If the judge sees that your consent is still there, they sign the Final Decree of Divorce. You are now legally separated.
How to Get a Fast-Track Divorce
The goal of every couple is a quick, peaceful finish. The key to speeding things up came from a big Supreme Court case: Amardeep Singh vs. Harveen Kaur (2017).
What the Court Ruled (Simply Put):
The court said that forcing a couple to wait six months when the marriage is clearly dead and all issues are settled is just causing unnecessary pain. The court can skip the six months if your lawyer proves:
- You’ve been separated for a long time (18 months or more).
- All efforts to reconcile have failed.
- You have a firm agreement on money and children.
Your search for an uncontested divorce lawyer near me should focus on someone who knows exactly how to apply for and win this waiver, making your exit swift.
What About the New Law (BNS)?
You might hear about the Bharatiya Nyaya Sanhita (BNS). This is mainly a new set of criminal laws in India. It does not change the rules for mutual divorce (which are civil laws). Your divorce process still follows the Hindu Marriage Act, but your lawyer will be aware of the new criminal laws that relate to marriage issues like cruelty.
Simple Answers to Your Questions
Q1 How long does a mutual divorce take?
If the court gives the fast-track waiver, it can be done in 3 to 4 months. Without the waiver, it takes 6 to 18 months.
Q2 Do both of us have to go to court?
Yes, usually at least twice: once for the first meeting with the judge, and once for the final order.
Q3 Can one person change their mind later?
Yes. Before the judge signs the final order, either spouse can withdraw their consent. If that happens, the mutual divorce is cancelled, and you would need to file for a contested divorce.
Q4 How long do we have to be separated?
You must prove you have lived separately for one year immediately before filing the petition.
Q5 What if we can’t agree on money or property?
Then it’s not a mutual divorce. You need a mediation lawyer near me to help you reach a family settlement. If you still can’t agree, it becomes a long, contested divorce.
Outlook
The legal system fully supports couples who want an amicable divorce. By choosing an efficient and caring Indian divorce lawyer near me who specialises in mutual consent, you take control of your future, ensure a quick and dignified exit, and prepare yourself for a fresh start.
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