Section 13B of the Hindu Marriage Act of 1955 states that mutual consent divorce must meet the following conditions:
1. Husband and wife are no longer able to live together.
2. They have been living apart for at least a year.
3. They have both agreed that the marriage has been destroyed and that it must be ended.
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In India, if the other party contests the separation, it can only be obtained through evidence of cruelty (both physical and mental), abandonment (unjustified separation of two years), infidelity (sexual intercourse outside wedlock), insanity, and so on.
Role of our Mutual Consent Divorce Lawyer
First, both parties sign a joint agreement.
The first motion statement of both of them is then recorded and signed on paper in front of the Hon'ble Court.
The court then gives them six months to change their minds.
After that, if they still don't reach an agreement after 6 months, they are summoned for a second, final hearing.
Our experienced mutual consent divorce lawyers at Adv. Shatrughan S. Dubey collect all necessary documents regarding marital assets, child custody issues, and any other significant issues.
The mutual consent divorce attorney files the divorce petition with the court, and a copy is served on the respondent, the other party. During the mutual consent divorce process, Adv. Shatrughan S. Dubey's legal representative will file a discovery motion to gather evidence from your spouse.
Adv. Shatrughan S. Dubey, with more than ten years of experience as an advocate, I have learned and expanded my knowledge by solving various cases and meeting numerous people. Contact us for Advocate for Mutual Divorce.
