Mutual Consent Divorce Process — Step by Step

Mutual consent divorce is available where both spouses agree on the terms of separation. The process below follows the firm’s eight-step note. It is general information. Which statute applies depends on the parties and the marriage, and a court deals with each petition on its own facts.

Choosing the lawyer. India has many religions, and citizens fall under different laws for marriage, divorce, child custody, succession, and related matters. An advocate is there to explain the provisions that apply. It matters that the advocate is experienced in the courts of the local jurisdiction and is familiar with the local language and practice.

Consultation. An appointment should be fixed, and questions about the intended divorce written down in advance. The spouses may instruct one advocate or two. In a mutual consent matter, the terms of separation have to be spoken about, discussed, and agreed by both spouses. A lawyer can help the discussion reach a consensus.

Documents. The note lists address proof of both parties, the marriage certificate, the marriage invitation card, a marriage photograph, the child’s birth certificate if there is a child, and any other document necessary for the facts stated in the petition.

Joint petition. The advocate prepares a joint petition from the details provided. Both spouses read it and the accompanying affidavits, then sign. The signed petition is filed in the court of jurisdiction with the supporting documents.

Waiting period. Once the case is filed, the court, following the provisions of law, gives a date after six months for the next motion. That waiting period, or cooling-off period, is given so the parties can see whether reconciliation is possible. The court has power to waive the period if there are reasons to believe that the marriage has broken down irretrievably. That waiver is not described as automatic in every case.

Hearing and mediation. On the date given — after six months, or earlier if the waiting period is waived — both spouses must be present. Before that, property and assets, liabilities, child custody and support, maintenance and alimony, and any other concern have to be settled amicably. A mediator speaks to both parties to confirm that reconciliation is not possible. The judge may ask questions arising from the petition and the mediation report. The lawyer is present and guides the parties through the hearing.

Divorce decree. After the final hearing, on the same day or the day after, the judge issues the divorce decree, an order that ends the marriage lawfully. The parties’ presence is required at this stage as well. The lawyer then completes the paperwork and informs the parties when the judgment copy can be collected.

After the judgment. There is no option of appeal in a mutual consent divorce. Only if an issue of child custody or property division was not addressed earlier, or a further conflict arises about maintenance or alimony, can there be a fresh suit.