Mutual consent divorce is a legally prescribed procedure when both parties agree for going ahead with the separation. It does not matter who files for divorce, but the petition must be filed together with the help of their respective lawyers in Alipore court.
It typically takes 7 to 9 months, including the judicial separation period of 6 months. You can try to waive off this judicial separation period, but this is in the discretion of the Magistrate. In case this period is waived off, you can have your divorce finalized within 2 to 3 months.
On a broad sense, the process of mutual divorce involves 3 steps:
1. Filing for the divorce petition and get a date of hearing. On the date of hearing, you have to make the Court know of your intensions and affirm that both of you agree to a mutual consent divorce.
2. Wait for the judicial separation or cooling period to get over.
3. On the 2nd date of hearing, you both have to affirm your decision and the divorce will be finalized. The order will be passed on the next date.
The cost depends on the fees of your lawyers. At Adriot Legal Services, you can find experienced lawyers who will handle your case and charge you a reasonable fee. Adriot Legal Services provides total security of the money spent.
For mutual divorce, there isn’t any waiting period and you can remarry as soon as your divorce is finalized.
Yes, your spouse may demand alimony, but it is going to be mutually decided. However, in case both parties are ready to be separated, but cannot agree on the issue of alimony, the Court shall decide a reasonable amount based on the capabilities of the husband and to ensure that the wife can survive.
Just like alimony, both parties getting a divorce can decide on the custody of the child. If you want to apply for joint or single custody, the application must be submitted along with the divorce filing application. However, if you cannot agree on a mutual agreement on child custody, the Court will decide what’s best for the welfare of the child.
Yes, you can withdraw your divorce petition. But, you have to cite a good reason and it should be withdrawn before an order has been passed.
Yes. The law does not stop anyone from marrying anyone. If you find love in your ex-spouse again, you can go ahead and get remarried to each other.
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