If you and your spouse have agreed to divorce amicably, you can proceed to finalize it by submitting a petition for Mutual Consent Divorce to the family court under the Hindu Marriage Act of 1955. Takelegal.in understands that courts may seem intimidating; thus, our experienced and professional lawyers are here to assist.
Once you have submitted your request for our Mutual Consent Divorce service through the form on this page, we will assign a representative to your request. Our representative will reach out to you within 24 hours of request receipt to better understand your case and run you through the next steps.
Our representative will supply you with a document checklist to ensure that all the requisite documents are in place to enable us to begin the procedure. These documents will also help in the drafting of your divorce petition.
An experienced lawyer from Takelegal.in’s extensive network of divorce lawyers will be assigned your case who will draft a divorce petition and present it to you for review. After your approval, the lawyer will file the petition and the requisite documents in the relevant forum.
Takelegal.in’s lawyer will keep track of your case and duly inform you about the need for an appearance in court. The lawyer will also present your case before the court as and when needed.
As a matter of practice, courts give the couple a cooling-off period of 6 (six) months to reconcile, which may also be reduced to 1 (one) month in certain circumstances. Since this is a mandatory requirement, Takelegal.in’s lawyer will advise you based on your circumstances and case details.
A few weeks before the end of the cooling-off period, Takelegal.in’s lawyer will consult you regarding your decision about the divorce and help you proceed accordingly. Should you choose to proceed with the divorce, Takelegal.in’s lawyer will appear before the court and obtain the final decree.
Takelegal.in believes in speedy resolution of matters. To create a mechanism of smooth functioning, we advise you to submit the following documents to us at the earliest:
Under Hindu laws, couples must wait a minimum of 1 (one) year after their wedding to request a divorce. In addition, the couple must demonstrate that they have been living apart for at least 1 (one) year before they can file for divorce in court. Their failure to live together as a married couple during this time also has to be demonstrated.
Yes. During the divorce proceedings, one or both parties may withdraw from the mutual consent divorce process. Divorce proceedings will be halted, and the case will be dismissed if the same is done.
Regarding child custody and support, it is up to the parents to agree on any arrangement. Either one of the parents can have sole custody of the child, or both parents may have joint custody. The couple will need to detail their agreement on child custody and present the same in the joint petition.
Yes. After 3 (three) months have passed since the date of the court’s decision, you are free to get re-married. The three months’ waiting period exists as a right of appeal to either party.
Yes. Depending on the partners’ religious affiliation, divorce proceedings are governed by personal laws.
