Mutual Consent Divorce - Delhi Law Advocates

Overview

If both spouses agree to the divorce and termination of the marriage, a joint application for a joint divorce is submitted to the family court. This joint statement also concerns the agreement between the partners regarding alimony and child custody.

Steps involved in Divorce by Mutual Consent

- QUESTIONNAIRE

Once you finalise the service, we will provide you a questionnaire to capture your details.

- DRAFTING OF JOINT PETITION AND APPROVAL

The lawyer will draft and share a petition for your review and approval. This petition will include agreement on division of assets, custody of children and maintenance amount.

- DISPATCH OF DOCUMENTS

You will be required to send the signed copy of the petition along with the required documents to us.

- FILING DIVORCE PETITION

Upon receipt of documents, the joint petition will be filed at the appropriate Family Court.

- APPEARANCE OF PARTIES

You and your partner along with the lawyer will appear before the Family Court.

- RECONCILIATION PERIOD

The Court will give you a period of 6 months to re-think the decision of obtaining divorce. Court may reduce this period to even one month, if deemed fit.

- APPEARANCE OF PARTIES IN COURT AFTER 6 MONTHS

After the reconciliation period, you and your partner along with the lawyer will appear in court and file a written submission that you would like to finalize the divorce.

- GRANT OF DIVORCE

Upon satisfaction of the judge that all requirements of divorce are met, a mutual consent divorce decree would be granted.

Required Documents

Address proof of you and your partner (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license)
Marriage certificate
Photographs of the marriage ceremony
Proof that both partners have been living separately since a period of one year (for e.g. – delivery receipts of products, utility bills – gas, water, electricity, etc.)
Proof that all attempts to reconcile have failed. (for e.g. – invoice/ bill of a marriage counseling session, the copy of correspondences – email, letter, etc.)
Income tax statements of both partners for the last 3 years.
Proof of date of birth (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license, class 10 passing certificate)

Consultation Price:-

₹5,000

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