There comes a stage when marriages become suffocating, and it becomes hard even to survive. For such scenarios, the law provides a formal way of ending the marriage. In India, the practice of mutual divorce is based on the provisions in Section 13B of the Hindu Marriage Act, 1955. This provides a huge relief from conflicts and brings certainty, allowing mutual separation.
This guide explains how to file a mutual divorce in Delhi, the legal process, eligibility criteria, and why experienced divorce lawyers are important for smoother processes.
Understanding Mutual Divorce: What It Means
Mutual divorce, also known as mutual consent divorce, is the term for ending a marriage voluntarily, with the agreement of both partners to sign a divorce decree. It is not part of a contested divorce, in which one of the parties is the initiator, and disagreements may arise concerning alimony, custody or the division of property.
Mutual divorce consists of a lawful breakdown that is meant to bring about fairness and minimal emotional and financial stress. In Delhi, petitions are filed in identified family courts for matrimonial disputes.
Eligibility Criteria for Filing a Mutual Divorce in Delhi
Several conditions need to be followed before the mutual divorce process begins:
- The couple must be married for at least one year. Living separately for one year is necessary for both spouses before they agree to end their marriage.
- The consent should be free from coercion, undue influence and fraud.
- Before filing the divorce petition, both parties should have talked about alimony, custody and property settlement.
These eligibility requirements guarantee the authenticity of the petition and ensure registration with complete knowledge of the outcomes of the law.
Step 1: Filing the Joint Petition in Family Court
In a mutual divorce case, the first step is to prepare and file a joint petition in the form of Section 13B of the Hindu Marriage Act 1955.
Usually, an experienced divorce lawyer draws this petition once the spouses have been separated for at least one year, can no longer stay together, and have been made to dissolve the marriage.
This petition is filed before the Family Court of Delhi within the jurisdiction of the marriage place, the place where the couple last lived together, or the place where the wife is currently staying.
Some supporting data is also necessary along with the petition, such as:
- Marriage certificate
- Identity and address evidence of both spouses
- Passport-size photographs
- Income and asset affidavits
- Settlement terms that are agreed on, including alimony, custody of children, and division of property
This will initiate the process by filing an official petition, which will provide a clear record in the court of spouses’ mutual consent and agreed settlement terms.
Step 2: First Motion Hearing & Cooling-Off Period
Family Court schedules the first motion hearing after the joint petition filing, and the availability of both spouses is mandatory on this date. Their confirmation is required on their free will for the application of divorce, and the judge records their statement to ensure there is no coercion and undue influence.
After the first motion hearing, the court imposes a six-month cooling-off period. During this time, the couple has to reconsider their decision and consider the possibilities of coming together.
But, in some situations, the court can still decide to waive this waiting period if it is determined that there is no likelihood of a reunion with the marriage and all the terms of the settlement have already been settled.
Step 3: Second Motion Hearing & Final Divorce Decree
Following the expiry or opting out of the cooling-off period, the second motion is to be heard back in the family court by both spouses. At this point, the court confirms its acceptance of a divorce, and the conditions regarding alimony, child custody, property division, and other settlements are mutually agreed upon.
Once the judge believes that the consent is true and the settlement terms are in order, the court then issues the final divorce decree. This legal order concludes the marriage and is legally binding and enforceable.
Through this, the mutual divorce procedure is officially ended.
Timeframe & Legal Requirements in Delhi Courts
The mutual divorce process is generally quicker than the contested proceedings. The minimum legal period is six months, but court procedures, checks, and document verifications may extend real timeframes.
The overall timeframe is affected by:
- Proper drafting of the divorce petition.
- Adherence to the family court procedure.
- Presence of both sides for hearings.
- Punctuality in submitting supporting documents.
- Alimony, custody, and property division should be coordinated before the second motion.
Knowing these requirements helps in avoiding unnecessary delays.
Role of a Divorce Lawyer in Each Stage
An experienced divorce lawyer acts as a very crucial guide in mutual divorce procedures. They have duties that include:
- Precisely drafting and filing the joint petition.
- Advising on settlement conditions with expectations of child custody, alimony, and apportioning of assets.
- Assuring procedural adherence in family court proceedings.
- Helping in making waiver of the cooling-off period applications as needed.
- The best interests of the client are served with a high degree of professionalism while keeping confidentiality.
Hiring a professional lawyer who is familiar with the family courts in Delhi helps you navigate the process smoothly.
Conclusion
The mutual divorce process exists to reduce conflicts and promote fairness, but it requires a detailed check at every stage of the process. Whether it comes to drafting the divorce petition or getting the final divorce decree, professional advice saves time and makes the whole experience stress-free.
At AM Legal, our team of experts assists you at every stage of your mutual divorce case. With our local experience in the Delhi family courts, we provide comprehensive services to protect your rights and interests.
To visit our team of professional divorce lawyers in Delhi, call us now.
