Mutual Divorce

Legal Process for Mutual Divorce

Mutual Divorce

Mutual Divorce : When it comes to obtaining a divorce by mutual consent, both the wife and husband must agree on various issues such as child custody, education, maintenance, alimony, and financial settlement.

The parties can approach a lawyer to file the petition in the court, or they can file it themselves. A competent lawyer will draft the petition as per the agreed terms and conditions of both parties.

It is mandatory for both spouses to appear in court while filing the petition for mutual consent divorce. Both parties must wait for six months, during which they can try to resolve any disputes. If the disputes are not resolved, separate Chief Evidence Affidavits must be filed.

The court will dissolve the marriage by mutual consent and pass a decree of divorce if the disputes are not resolved even after six months. It is essential for both parties to approach the divorce process with a clear and open mind and be willing to compromise on certain issues.

The court will consider the best interests of the child while deciding on child custody, education, and maintenance issues. Financial settlement and alimony are crucial aspects of a mutual divorce, and both parties must agree on these terms before filing the petition.