MUTUAL DIVORCE FORM

The process involves several steps:

1. Filing the petition: Both parties jointly file a petition in the designated family court.
2. First Motion appearance: The couple appears before the court to record their statements and confirm their consent for divorce.
3. Cooling-off period: The court grants a cooling-off period, usually six months, allowing the couple to reconsider their decision.
4. Second Motion appearance: After the cooling-off period, the couple appears again before the court to reiterate their decision.
5. Decree of Divorce: If the court is satisfied with the mutual consent and settlement terms, it grants a decree of divorce, legally dissolving the marriage.

Essential documents include:

• Marriage certificate (Optional)
• Address proof of both parties (Aadhaar cards, generally)
• ID proof of both parties
• Passport-sized photographs of each party
• Separation agreement or MoU (if any)
• Documents related to alimony, child custody, and property division (if applicable)

The time frame can vary depending on factors like court schedules and any complications in the case. However, typically, a mutual divorce in Delhi NCR can take anywhere from six months to a year.

The primary condition for filing a mutual divorce petition in Delhi NCR is that the couple must have lived separately for at least one year and mutually agreed to dissolve the marriage. No specific grounds for divorce are required beyond this mutual consent and separation period.

Yes, there is a cooling-off period of six months for divorce by mutual consent in India. After the petition for divorce is filed, the court may grant the divorce after a cooling-off period of six months.

Yes, it is necessary for both parties to appear in person in court for the divorce by mutual consent in Delhi. This is to ensure that both parties are in agreement and understand the terms of the divorce.

Yes, either party can withdraw their consent for a mutual divorce at any time before the final decree is granted by the court. Basically, either party may withdraw before the second motion.

The cost involves court fees, lawyer fees, and other miscellaneous expenses. It can vary based on the complexity of the case and the lawyer’s charges.

While not mandatory, it is highly advisable to seek legal counsel from experienced divorce lawyers in Delhi NCR. They can guide you through the process, ensure your rights are protected, and help draft a comprehensive settlement agreement.

Mutual divorce is a less adversarial and time-consuming process compared to a contested divorce. It allows couples to end their marriage amicably, saving them from the emotional and financial strain of a prolonged legal battle.

This is a tricky situation. While technically living under the same roof, the court needs to be convinced that you are living “separately.” You’ll need strong evidence to prove that you’ve been living as separate individuals despite being in the same house. This might include separate sleeping arrangements, no shared meals, no common social activities, and minimal communication. A lawyer can help you present your case effectively.

If you can’t reach a mutual agreement on critical issues like alimony, child custody, or property division, then a mutual divorce petition might not be possible. You may need to explore other options like mediation or a contested divorce.

While some parts of the process might involve online submissions, the core procedures, like appearances in court and recording statements, require physical presence. It’s best to consult with a lawyer to understand the online and offline components of your case.

Yes, NRI couples can file for mutual divorce in Delhi NCR if they meet the jurisdictional requirements, such as the marriage being solemnized in Delhi or one of the spouses residing in Delhi. However, their presence is usually required for court appearances. Otherwise, you might apply for a video conferencing.

Yes, once the court grants the decree of divorce, both parties are free to remarry.