Same Day Divorce
Yes, it is possible to get divorce filed in one day! Here are the requirements:
- Both parties must agree on all issues (including istridhan and alimony) and execute all documents we prepare;
- There are no children born of the marriage and wife is not pregnant
- Both parties agree on taking divorce through mutual consent
Introduction to Divorce by Mutual Consent
Under the Hindu Marriage Act, 1955, a petition for ‘mutual divorce’ can be filed if both spouses are experiencing difficulties and have mutually decided to legally separate. In contrast, a ‘contested divorce’ can be pursued if one spouse does not consent to the divorce.
What is Divorce by Mutual Consent?
The Hindu Marriage Act, 1955, grants both husband and wife the right to dissolve their marriage through a divorce decree on several grounds specified in Section 13. Additionally, Section 28 of the Special Marriage Act, 1954, and Section 10A of the Divorce Act, 1869, also allow for divorce by mutual consent.
Conditions for Mutual Divorce (Section 13B of the Hindu Marriage Act)
- Husband and wife must have lived separately for at least one year.
- They must be unable to live together.
- Both spouses must mutually agree that the marriage has irretrievably broken down.
Procedure for Filing a Mutual Divorce
A joint petition for dissolution of marriage must be submitted to the family court by both spouses, stating their inability to live together and their mutual agreement to dissolve the marriage. This petition must be signed by both parties.
Both spouses must appear before the family court. They will be represented by their respective lawyers. The court will examine the petition and accompanying documents and may attempt reconciliation. If reconciliation is not possible, the case proceeds further. The judge will ask you and your spouse the following questions:
- Name
- How long have you lived as husband and wife
- When did you and spouse start staying separately from each other ?
- Is wife pregnant
- Is marriage irretrievable broken
- Do you want to be divorce
- Have all issues, including istridhan and alimony, settled between both parties?
If the court is satisfied with the petition, it orders the recording of the spouses’ statements on oath.
After recording the statements, the court passes an order on the first motion. A six-month waiting period is then given before filing the second motion, with a maximum limit of 18 months from the date of the divorce petition filing.
If the spouses decide to continue with the proceedings, they appear for the second motion, leading to the final hearing. This involves recording statements before the family court. The Supreme Court has ruled that the six-month waiting period can be waived if the court deems it appropriate, particularly if the parties have resolved issues such as alimony and child custody.
For a mutual divorce, there must be no unresolved issues regarding alimony, child custody, maintenance, or property. If the court is convinced that the allegations in the petition are true and reconciliation is impossible, it will issue a decree of divorce, officially dissolving the marriage.
Conclusion
The divorce becomes final once the court passes the decree of divorce. This structured process ensures that both parties have agreed to the terms of the separation, providing a legal resolution to the dissolution of the marriage. This process is Cost-Efficient: Saves significant legal and court fees. Time-Saving: Streamlines paperwork, expedites process. Less Conflict: Encourages amicable solutions, reduces stress. Convenient: Accessible via video conferencing also.
