Mutual Divorce

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FAQs on Mutual Divorce

  • Draft Petition: A joint divorce petition is drafted, outlining the agreement reached by both parties.
  • File Petition: The petition is filed in the appropriate Family Court in Hyderabad.
  • First Motion: Both spouses appear in court; statements are recorded to confirm consent.
  • Cooling-Off Period: A 6 month waiting period (may be waived in exceptional cases).
  • Second Motion: Both spouses reaffirm consent after the cooling-off period.
  • Decree of Divorce: The court grants the divorce decree, legally ending the marriage.

 

Typically 6-18 months due to the statutory cooling-off period. It can be significantly faster if the cooling-off period is waived by the court.

 

Yes, the Supreme Court of India’s rulings on waiving the cooling-off period apply in Hyderabad. It can be waived in exceptional circumstances where reconciliation is impossible, and further delay would cause undue hardship. Your lawyer can advise on this.

  • Marriage certificate (original or certified copy)
  • Address proof of both spouses (Aadhaar, Passport, Voter ID, etc.)
  • Details of assets and liabilities, if required (both joint and individual)
  • Passport-size photographs of both spouses
  • Any other relevant documents supporting the agreement (property papers, etc.)

 

The cost primarily consists of:

Lawyer’s Fees: Varies depending on the lawyer’s experience and case complexity. Get quotes.

Court Fees: These are relatively nominal.

Miscellaneous Expenses: Documentation, etc.

It means the cessation of the marital relationship, even if residing under the same roof. It implies no conjugal relationship.

While technically not mandatory, it is strongly advised that each spouse has separate legal representation. A lawyer safeguards your rights and ensures a fair agreement.

Custody is determined by mutual agreement between the parents, always prioritizing the child’s best interests. Options include joint custody, sole custody, and shared parenting arrangements.

Property division is based on the mutual agreement reached by the spouses. This encompasses both jointly owned and individually owned assets (movable and immovable).

You file the mutual divorce petition at the Family Court in Hyderabad that has jurisdiction over your case (based on residence or place of marriage solemnization).

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