Though contested divorce matters can take forever to reach fruition, divorce through mutual consent can be obtained within a short span of 1 to 2 months.
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What is the fastest way to get mutual divorce in India?
The process requires filing of petition (under section 13B of the Hindu Marriage Act, 1955) before court with affidavits by both parties as an affirmation that they haven’t been able to live together as husband and wife for a year (or more as the case may be) and hence give mutual consent to opt for divorce.
Is it easy to get mutual divorce in India?
In addition, it is also easier to file for a mutual consent divorce. Under Section- 13B of the Hindu Marriage Act, 1955, a provision has been provided for mutual consent divorce wherein certain conditions must be satisfied by the parties to get a divorce.
How many days it will take for mutual divorce?
The average time to get a divorce via mutual consent can vary between six months and two years, depending on how good your documents are, and if the court is satisfied with your petition.
Can we get mutual divorce in month?
No in one week it’s not possible to get a mutual divorce. After the filing the first petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
Can mutual divorce be done in 3 months?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.
Can we get divorce in 15 days?
It is impossible to file divorce within 15 days of marriage,the limitation is under marriage act is one year and only you can nullify the marriage by filing for nullification within period of one year of the marriage, which is not divorce, the entire nullification proceedings has to be completed within one year if the …
Can we get divorce in 2 months?
Divorce Petition cannot be filed unless until 1 years has completed of marriage under the Hindu Marriage Act. Meanwhile you have option to file a petition for judicial separation and after completing 1 years you can move an application before Court to convert the judicial separation petition into divorce petition.
Is mutual divorce easy?
Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.
Is 1 year separation mandatory for mutual divorce?
For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.
Is mutual divorce expensive?
While there is no fixed rate for lawyers in India, on average, a mutual divorce can cost anywhere between ₹5,000 and ₹50,000. All lawyers take a fee depending on their stature, experience, and skill.
What if wife is not ready for mutual divorce?
If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.
Is one sided divorce possible?
If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.
What is the shortest time for a divorce?
While the length depends on many things, if both parties agree to the terms, you can likely finalize a divorce within a year or less.
Can I marry after mutual divorce?
Any individual filing for a mutual consent divorce cannot remarry if the Court hasn’t officially ended the previous marriage. Section 15 of the Hindu Marriage Act of 1955 focuses on when a divorced individual can remarry.
Can I get divorce without any reason?
If any of the spouse intends to dissolve their marriage, then the aggrieved can seek the relevant grounds of divorce according to their religion and personal laws. There are specific grounds on which divorce can be granted because court cannot simply grant divorce without seeking any reason.
Is 6 months mandatory for mutual divorce?
The Supreme Court has recently waived off the mandatory cooling period of 6 months before divorce, provisioned earlier in the Hindu Marriage Act of 1955. Henceforth, a trial court can dispense with this period if there is no possibility of cohabitation between the estranged couple.
How long does a one sided divorce take?
In India u can get one sided divorce from ur husband but not in 15 days rather it take time minimum 6 months. If ur marriage is registered at abroad than u have to get opinion from Advocate of that very country.
Can we file mutual divorce without a lawyer?
A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.
Is it possible to get mutual divorce without going to court?
No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.
Can we divorce without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
Whats the fastest divorce process?
Uncontested divorce and mediation are two of the fastest types of separation – if your ex-spouse agrees to it. An uncontested divorce means that both parties agree on (most) divorce-related issues. Hence, the divorce can go faster because there’s less back-and-forth.
How fast is fastest divorce?
A divorce that is no-fault and uncontested will be the fastest way to get divorced because you’re agreeing with your spouse about everything. Depending on your state, your divorce could take from one to several months.
What is first motion in divorce?
The filling of petition for divorce by mutual consent has been divided into two motions: The First motion: The filing of divorce petition by both the husband and the wife is legally known as the “The First Motion Petition for Divorce by Mutual Consent”.
How do I get a divorce in 10 days?
The divorce petition can be filed by both the parties by way of mutual consent within one year of marriage too but have to file an application U/s 14 of Hindu marriage act and satisfied the court that there is a exceptional hardship to live with each other or continue with this marriage.