A mutual agreement for divorce, also known as an uncontested divorce, is when both parties agree to the terms and conditions of the divorce without the need for a trial or court hearing. This type of divorce is typically faster, less costly, and less emotionally taxing than a contested divorce. Taps9 Legal Services (Opens in a new browser tab)
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Mutual Consent Divorce in India
Mutual Consent Divorce in India is an extremely simple process , however as the name suggests both the parties should consent to it before filing.
In India, a divorce can be obtained by mutual consent when both spouses agree to end their marriage. The process typically involves filing a petition for divorce in the appropriate court and attending a few court hearings. Both parties must have lived separately for at least a year before filing for mutual consent divorce. Additionally, they must have attempted to reconcile but been unable to do so. If the court is satisfied that the parties have mutually agreed to the divorce and all terms and conditions have been settled, it will grant the divorce. You can learn more about Contested Divorce in Kolkata India
Divorce by Mutual Consent in India Problems
Divorce by mutual consent in India, there are several problems that can arise during the leaving process of a mutual consent divorce:
- Lack of understanding of the legal process: Both parties may not fully understand the legal process and requirements for obtaining a mutual consent divorce, which can lead to delays and complications.
- Disagreements over terms and conditions: Even if both parties initially agree to a divorce, they may disagree on the terms and conditions, such as division of property, child custody, and alimony.
- Failure to comply with legal requirements: Both parties must meet certain legal requirements, such as living separately for a certain period of time before filing for divorce, in order to obtain a mutual consent divorce. Failure to comply with these requirements can result in the court rejecting the divorce petition.
- Emotional distress: Divorce can be a difficult and emotionally charged process, even when both parties agree to it. This can make reaching an agreement on terms and conditions more difficult.
- Unforeseen circumstances : Sometimes unforeseeable circumstances may arise that impact the mutual consent divorce process, such as a change in financial situation or a change in one party’s feelings about the divorce.
- Miscommunication: There may be a lack of proper communication between the couple. Miscommunication can lead to misunderstanding and can prolong the process. Mutual Consent Divorce
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Divorce Procedure in India
The procedure for filing for divorce in Kolkata, India is as follows:
- Jurisdiction: The divorce petition must be filed in a family court that has jurisdiction over the matter, based on the place of residence of either spouse.
- Draft the petition: The petition must be drafted and filed jointly by both parties, stating the grounds for divorce and the terms of the settlement, such as the division of property and custody of children.
- Serve notice: A copy of the petition must be served on the other spouse, who has to file a written response within a specified time frame.
- Attend counseling: If the court is not satisfied with the terms of the settlement, it may ask the parties to attend counseling sessions with a court-appointed counselor.
- Evidence: The court may also ask for evidence to be submitted, such as proof of residence and income, to support the claims made in the petition.
- Hearings: The court may hold hearings to consider the evidence and arguments presented by both parties.
- Decree of divorce: If the court is satisfied that the marriage has irretrievably broken down and that the parties have reached a mutually acceptable settlement, it will grant a decree of divorce.
- Adultery: If one spouse has committed adultery, the other spouse can file for divorce on this ground.
- Cruelty: If one spouse has subjected the other to mental or physical cruelty, the victim spouse can file for divorce on this ground.
- Desertion: If one spouse has deserted the other for a continuous period of at least two years, the deserted spouse can file for divorce on this ground.
- Conversion to another religion: If one spouse has converted to another religion, the other spouse can file for divorce on this ground.
- Mental illness: If one spouse has been suffering from a mental disorder for a continuous period of at least two years, the other spouse can file for divorce on this ground.
- Venereal disease: If one spouse is suffering from a virulent and incurable form of venereal disease, the other spouse can file for divorce on this ground.
- Presumption of death: If one spouse has not been heard of for a continuous period of seven years or more, the other spouse can file for divorce on the ground of presumption of death.
Note: The process can vary slightly based on the jurisdiction and specific circumstances of the case. It’s advisable to consult with a lawyer to ensure the process is followed correctly. Why a Lawyer Should Be Consulted Before a Contested Divorce? (Opens in a new browser tab)
Grounds for Filing a Petition for Non-Mutual Divorce
In India, a non-mutual or contested divorce petition can be filed on the following grounds: