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In India, divorce is the procedure of legal separation when both husband and wife

both are mutually agreed. Divorce with mutual consent is filed when both

husband and wife want to separate after marriage. It is less expensive and

distressing. The reason for filing divorce with mutual consent can be distress,

communicable disease, adultery, mental disorder and many more.

Things to consider for divorce with mutual consent

 Maintenance: If one of the partners can’t fulfill their daily needs then

other has to pay him a specific amount. It is the mutual understanding

between the husband and wife.

 Child custody: It is the mutual agreement between the partners that which

partner takes the child custody after final divorce.

 Ownership of assets and property: They also need to settle down the

ownership rights of property and assets between husband and wife.

Who can apply for divorce?

When both husband and wife should be mutually agreed to get separated then

they can apply for divorce. The following things you keep in mind before filing

divorce:-

 Both the partners should be live separately for at-least one year.

 Husband and wife both are agreed for the divorce.

 Both the partners not able to live anymore.

 Minimum one year period of marriage.

Which documents are required for divorce with mutual consent?

There are some documents which are needed for filing a divorce. 

The expert lawyers are here to help you to prepare documents:-

 Certificate of marriage

 Address proof of husband and wife

 Photographs of marriage

 Income tax statement of last three years

 Details of assets and income

 Details of profession and business

 Information regarding family

 Proof of staying separately from one year

 Proof regarding to the failed attempts of reconciliation

Provision of law in divorce with mutual consent

There are many acts for separation of marriage which applies for divorce with

mutual consent. The law has various provisions which are as follows:-

 Section 13B of the Hindu marriage act 1955

 Section 28 of the Special Marriage Act, 1954

 Section 10A of the divorce act, 1869

 Section 32B for Parsi marriage act 1936

 Under the sections of Christian and Muslim marriage act

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 Where the husband is living presently

 Where the wife is living presently

 Where the couple was last living as husband and wife

There is step by step procedure to file a divorce with mutual consent.

 Submitting divorce application: The first step for filing a divorce is to

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 Issuing summons: Court has issued a formal notice to the second party

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 Response: After getting summons from court, the party needs to be

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 Trail at court: The court will hear both the husband and wife along with

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 Final order: The final order has been taken by the court upon successful

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