What is the cooling off period?
Cooling off period is the time given by the Court to the husband and wife after filing of the petition to obtain uncontested divorce to make up their minds and to decide if they want to continue with the divorce proceedings. This period is intentionally given to the parties by the Court to maintain the sanctity of marriages and to prevent any divorce which was initiated on grounds of a heated argument or dispute. This cooling off period can be waived off by the Court if it finds it appropriate in accordance with the scenario of the case in hand.
Read MoreWhat is the procedure for obtaining divorce by mutual consent?
The procedure for obtaining divorce that is mutually consented is: Petition to be filed under respective act or law (S/13b for Hindu Marriage Act etc.) in the Court of competent jurisdiction. Petition to be filed mutually in the Court with the intention to obtain divorce at any time after one year from the date of marriage. Both the parties need to prove that they have been living separately for a period of one year or more before the presentation of such petition. The three conditions should be satisfied before moving the petition. The petition is filed in the way of an affidavit stating the mutual consent as to dissolution of marriage and other agreed clauses regarding child custody, maintenance and alimony Statements of both the parties are thereafter recorded. A cooling period of minimum 6 months and maximum 18 months is provided to the husband and wife if they wish to change their mind and reconcile. During the cooling period, either of the party has the right to withdraw the petition. If withdrawn, no decree of divorce is passed. If such petition is not withdrawn, the parties are summoned at a fixed date, where they consent and confirm the intention to separate or divorce. Decree of divorce is granted by the Court.
Read MoreWhat is the first and second motion under proceedings of mutual divorce in India?
First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. This is the first step in obtaining divorce by mutual consent. Second motion under the proceedings is when the husband and wife confirm to the intention of divorce after the cooling off period. This is the final conveyance of intention of the parties to put an end to the marital bond.
Read MoreWhat is the fee estimate and charges of lawyer to obtain a mutually consented divorce?
The fee estimate varies from case to case. However, it can be done at minimal possible rates if you consult a good lawyer in your area. The primary cost that you will incur will be the fees of the lawyer, maintenance (if any) and court fees. Care and caution before hiring a divorce lawyer should be adopted to ensure that the process flows smoothly. It is possible for you to find a good divorce lawyer online.
Read MoreWhen can a petition for divorce by mutual consent be filed?
A petition for divorce by mutual consent can be filed any time after one year from the date of solemnisation of marriage if husband and wife mutually agree to dissolution of marriage by the top divorce lawyers in India.
Read MoreWhat is an uncontested divorce or divorce by mutual consent?
Uncontested divorce or divorce by mutual consent is a form of divorce where both husband and wife agree to dissolve their marriage and there is no disagreement as to the same. It is the simplest, easiest and fastest way to dissolve a marriage. The essentials to move Court to obtain decree of divorce under this kind are: Mutual consent of husband and wife to dissolve marriage; Mutual consent as to the custody of the child; Mutual consent in regards to the amount of maintenance or alimony.
Read MoreWhere can a petition for divorce by mutual consent be filed?
A petition for divorce by mutual consent can be filed at either of the following places: The place where the marriage ceremony was conducted; The place where the husband and wife last resided together; The place where the wife resides currently. The place of filing the petition is important as it determines the jurisdiction of the Court. It is advised to consult experienced divorce lawyers when determining questions of jurisdiction as to where to file a petition.
Read MoreWho gets the custody of child in divorce by mutual consent?
The good part about a divorce with mutual consent is that the child is not dragged into fights as to the right of custody. The question of the custody of child is mutually decided by the husband and wife. Both husband and wife are considered to be competent to obtain custody of the child and decide mutually. The concept of joint custody has been prevalent in recent times where the physical custody of the child is with one parent and the legal custody is with both parents. The custody of the child is decided keeping in mind the child’s age, wishes, interests and health and the competent parent’s ability to raise the child.
Read MoreWhat is the minimum separation period required before obtaining divorce by mutual consent in India?
The minimum separation period required before obtaining mutually consented divorce is 1 year.
Read MoreHow is maintenance and alimony decided in divorce by mutual consent?
Maintenance and alimony in divorce by mutual agreement is consented to and agreed by both husband and wife mutually. The amount is decided by a mutual agreement keeping in mind the social status, maintenance of wife, maintenance and education expenses of the child, wife’s income and employment status, income of the husband and ability of wife to maintain herself.
Read MoreWhich law governs divorce by mutual consent?
Divorce with mutual consent is governed by laws in accordance with the religion of the contesting parties: Hindus (includes Sikhs, Jains, Buddhist) are governed by Section 13(b) of Hindu Marriage Act; Divorce under Islam is governed by Shariat (personal laws) and Dissolution of Marriage Act, 1939; Christians are governed by the Indian Christian Marriage Act, 1872; and Special Marriage Act, 1954 is a secular act covering all parties irrespective of their religion.
Read MoreWhat are the mandatory conditions required before filing a petition for mutual divorce?
To get an uncontested divorce, 3 conditions required to be fulfilled are: Husband and wife should be living separately for a period of one year or more; During this period of separation, they have not been able to live as husband and wife; They have mutually agreed to obtain divorce. Once these conditions are satisfied, the petition for mutual divorce can be filed by an experienced divorce advocate.
Read MoreHow much time does it take to obtain divorce by mutual consent?
The minimum time to obtain a decree of divorce is 1 month, if you hire your advocate wisely who can convince the court to set-off the cooling period. Otherwise, it can range from 6 months to 18 months from the date of hearing of the case, provided the petition is not withdrawn by either of the party. It is pertinent to note that such divorce can only be obtained after 1 year from the date of marriage. Court provides both the parties a minimum time period of 6 months and a maximum time period of 18 months to make up their minds, cool off and reach a decision as to if they still want a divorce. This time is also called “cooling off period”. The best divorce attorneys in India can guide you better.
Read MoreCan mutual consent divorce be challenged in Court?
Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision. The decree can only be challenged if the consent to mutual divorce was obtained by force, fraud, coercion or undue influence. The same is a very difficult task as the Court provides for a cooling-off period and if no objection was raised then, the validity of such objection after passing off decree requires a heavy degree of proof. Challenging the decree can only be on these grounds with the help of a good divorce attorney.
Read MoreWhen can the divorced partners remarry?
The divorced persons can remarry only when the decision of the Court is final and binding. A decision becomes final and binding when: If an appeal has not been preferred, then after the lapse of limitation period to file an appeal against the decision; If an appeal has been preferred, after the disposal of appeal. Thus, you can remarry after 90 days from the date of judgment if no appeal has been preferred.
Read MoreWhat can the other party do if petition for mutual divorce is withdrawn by one party?
The other party is left helpless when the petition for uncontested divorce is withdrawn by one party. The only remedy available is to file a petition for a normal divorce which can be contested in a Court of law on any of the other grounds (like cruelty, desertion, conversion, renunciation) except mutual consent.
Read MoreCan any one party withdraw the petition for mutual divorce?
Yes, one party to the proceeding can withdraw the petition for mutual divorce through an experienced divorce lawyer at any time within the time period of 6 months given by the Court as cooling-off period. Withdrawal can be done by filing of application in the Court of law where the petition to obtain divorce was initially filed. In such situations, the Court does not pass any divorce decree as the mutual consent which formed as a basis of the proceeding does not exist anymore between the husband and wife.
Read MoreMost Consulted Divorce Advocates
Choose from our most consulted lawyers across India and get instant legal advice.
Advocate Prabhakar Shetty
- Vidhana Soudha, Bengaluru
- 24+ Years Of Experience
- User Rating 4.7
Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnataka state Consumer Dispute Redressal Commission Bangalore. He is enrolled with the Bar Council of Karnataka in 1998. He graduated in Law in the year 1995 from Law College Bangalore. His practice areas are Civil Litigation, Consumer Protection, family Law, and Divorce & alimony cases. He has specialization in Bail, Cheque Dishonour cases, civil and land matters. He has also been serving as a legal advisor for Bommasandra Industries Association which has over 700 industries. He has experience of 21+ years in the legal profession and providing services. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.
Read MoreAdvocate Sudershani Ray
- East of Kailash, Delhi
- 14+ Years Of Experience
- User Rating 4.5
Advocate Sudershani Ray has completed her B.A.LLB.(Hons) from Jamia Millia Islamia and has been practicing judiciously and serving the legal fraternity in Delhi High Court since 2008. She is a leading intellectual property lawyer in India along with that she professionally deals with cases pertaining to civil as well as corporate laws, inter-alia, Suits, Writs, Petitions, Appeals, Revisions, Complaints relating to debt recovery, dishonor of cheques, rent control act, property disputes, matrimonial disputes, consumer complaints, complaints pertaining to Food Adulteration Act, Motor Accident and service matter . Additionally, she is skilled in drafting and vetting various kinds of agreement such as Master Service Agreement, Service Agreement, Teaming Agreement, Consortium Agreement, various Tripartite Agreement, RFQs, Letter of Intent, MOU, Agreement with Celebrity, Endorsement Agreement, License Agreement, Sub-Licensing Agreement, Sub-Contracting, Third Party Agreement, Sale Deed, Corporate Lease Agreement, Development Agreement(Real estate), broadcasting agreement. Advocate Sudershani Ray focuses on comprehending the needs of the client and providing with efficient quality work and legal information. She believes that a proper legal advice to a client and Litigant can be given after considering the entire matter. She is consistent and precise in identifying strength and weakness of the matter. Her analytical, logical and client-friendly approach makes her a well-founded advocate for assistance.
Read MoreAdvocate Tapesh Agarwal
- Vidhyadhar Nagar, Jaipur
- 15+ Years Of Experience
- User Rating 4.5
Advocate Tapesh Agarwal is a Jaipur based lawyer and has been practising law since 2007. He has been providing legal and advisory services as an independent lawyer. Advocate Tapesh Agarwal got enrolled with the Bar Council in the year 2007. He has acquired his legal education from Rajasthan University and holds extensive experience in working in the most complex areas of Criminal Matters, Civil Matters, Consumer Protection, Cheque Bounce, Property Real Estate Law, Medical Negligence Matters, Family Law, Matrimonial Matter, Drafting, revenue and General Legal. He holds experience in efficiently handling varied cases and often makes appearances across the Rajasthan High Court, Jaipur District Court, District Consumer Forum Jaipur, State Consumer Disputes Redressal Commission Rajasthan. He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Tapesh Agarwal is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.
Read MoreAdvocate Mukesh Nanda
- District Court, Amritsar
- 29+ Years Of Experience
- User Rating 4.5
Advocate Mukesh Nanda practices at District Court Amritsar. He is enrolled with the Bar Council of Punjab in 1993. He is member of the High Court Bar Association and the District Court Bar Association. His practice areas are criminal laws, civil laws, landlord related matters, service & employment, property dispute and drafting and vetting of various agreements and documents. He has experience of 24+ years in the legal profession. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.
Read MoreAdvocate Siji Malayil
- Indiranagar, Bengaluru
- 22+ Years Of Experience
- User Rating 4.4
Advocate Siji Malayil practices at Karnataka High Court. He enrolled with the Bar Council of Karnataka in 2000. He is member of the Bangalore High Court Advocate Association. He is head of Law Firm “Siji Malayil Associates”. He and his firm deals with matters related to criminal cases, 498A cases (dowry related matter), Bail/anticipatory bail, cyber law, domestic violence cases, labour and services issues, real estate matters, matrimonial cases, divorce &maintenance cases, writs, human right violations cases, arbitration, consumer disputes, NRI, PIO, Foreign Nationals and Immigration cases. His team also provides legal support and assistance to several companies and individual. He has experience of 17+ years in the legal profession and providing services. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.
Read MoreAdvocate Amarinder singh
- Tripuri Town, Patiala
- 19+ Years Of Experience
- User Rating 4.3
Advocate Amarinder Singh holds expertise in various field of civil laws, criminal laws, family law, consumer cases, company law, copyright, patents, trademarks, landlord/tenant matters, revenue related matters, arbitration matters, matrimonial related matters and drafting and vetting of various agreements and documents. He has been practicing judiciously and has been practicing and handling cases independently with a result oriented approach, both professionally and ethically in District Court Patiala for more than 14 years. Advocate Amarinder Singh focuses on comprehending the needs of the client and providing with efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. He is consistent and precise in identifying strength and weakness of the matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance.
Read MoreTop Consulted Divorce Advocates
Choose from our most consulted lawyers across India and get instant legal advice.
Advocate Prabhakar Shetty
- Bengaluru
- 24+ Years Of Experience
- User Rating 4.7
Advocate Sudershani Ray
- Delhi
- 14+ Years Of Experience
- User Rating 4.5
Advocate Tapesh Agarwal
- Jaipur
- 15+ Years Of Experience
- User Rating 4.5
Advocate Mukesh Nanda
- Amritsar
- 29+ Years Of Experience
- User Rating 4.5
Advocate Siji Malayil
- Bengaluru
- 22+ Years Of Experience
- User Rating 4.4
Advocate Amarinder singh
- Patiala
- 19+ Years Of Experience
- User Rating 4.3