Expert Advocates and Lawyers for Mutual Consent Divorce
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To initiate a divorce under Section 13B of the Hindu Marriage Act, both parties must consent to the divorce and comply with the legal requirements. Here's a step-by-step process:
Consultation with an attorney: Begin by consulting with a family law attorney who specializes in divorce cases. They will guide you through the entire process and help you understand the legal implications.
Filing a joint petition: Both spouses must file a joint petition for divorce in the family court that has jurisdiction over the area where either spouse resides. The petition should state that they have been living separately for a specific period (usually one year or more) and have mutually agreed to dissolve the marriage.
Mutual consent statement: Along with the joint petition, a mutual consent statement must be signed by both parties. This statement should state that they have voluntarily agreed to end the marriage and that their consent was not obtained by force, fraud, or undue influence.
Cooling-off period: After filing the joint petition, the court imposes a mandatory six-month cooling-off period. This period is intended to provide an opportunity for both spouses to reconsider their decision and explore the possibility of reconciliation. During this period, the court may refer the parties to mediation or counseling if deemed necessary.
Second motion for divorce: Once the cooling-off period expires, both parties need to appear before the court again and confirm their consent for divorce. This is known as the "second motion." Both spouses must reaffirm their intention to end the marriage, and the court will grant the divorce decree.
Affidavits and supporting documents: Along with the joint petition and mutual consent statement, other documents may be required, such as affidavits affirming the reasons for divorce, details about the terms of separation, and any agreements regarding child custody, alimony, or property division.
Court proceedings: During the court proceedings, both spouses will be required to testify and provide evidence to support their claims. The court may also inquire about the reasons for divorce and the adequacy of arrangements made for the welfare of any children involved.
Decree of divorce: If the court is satisfied with the statements, documents, and testimonies provided by both parties, a decree of divorce will be granted. This decree signifies the legal termination of the marriage.
It's important to note that the specific requirements and procedures may vary slightly based on the jurisdiction and individual circumstances. Therefore, it is advisable to consult with a qualified attorney who can provide guidance tailored to your situation.
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