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Divorce Application Form For Hyderabad
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Frequently Asked Questions on Mutual Divorce
Mutual consent divorce is where both spouses agree to end their marriage amicably. It’s governed by specific laws like the Hindu Marriage Act, 1955, for Hindus, and similar provisions exist for other religions.
The process involves filing a joint petition, court appearances, a mandatory waiting period, and a final decree. The court can waive the 6-month waiting period in certain circumstances.
Required documents include address proofs (Aadhaar cards), marriage certificate (optional), wedding photos, marriage invitation card, and passport-size photographs of both parties.
The duration typically ranges from 6 to 18 months, including a mandatory waiting period between initial and final divorce motions, which can be waived off by the court under certain conditions.
Yes, the Supreme Court has held that the 6 months period can be waived off at the discretion of the court, especially in cases where the parties have settled their differences including alimony, child custody, or other pending issues.
Different marriage acts apply to various communities, like Section 13B of the Hindu Marriage Act 1955 for Hindus. These laws require a minimum separation period before filing for divorce, typically one year.
Either party can withdraw their consent at any time before the passing of the decree. If consent is withdrawn, the divorce process does not proceed.
In a mutual consent divorce, the division of property and assets should be agreed upon by both parties. This agreement is part of the divorce settlement and should be documented in the divorce decree.
Child custody in a mutual consent divorce is decided by mutual agreement between the spouses. The best interest of the child is the primary consideration, and the agreement should reflect arrangements for the child’s welfare.
While it’s not mandatory for each spouse to have individual lawyers in a mutual consent divorce, it’s advisable for each party to seek independent legal advice to ensure their rights and interests are adequately represented.