Divorce

Information about Mutual Consent Divorce

Hello. Me and my husband want to file mutual consent divorce. What is the process and how much time does it take? Do we need to engage separate lawyers or because we can have the same lawyer since it is a case of mutual consent divorce? How much fees would an average lawyer charge for mutual consent divorce?

Expert Advice


Hello, the process of mutual consent divorce is first to file a petition with terms of mutual consent. This document will be prepared by your lawyer. There are two hearings, at which the court asks the couple about their decision to separate. If both the husband and the wife confirm to the court that they want to separate, the divorce is granted in the second hearing. The time for the divorce is anywhere between 6 to 12 months. You can both engage the same lawyer, since the process is that of mutual consent divorce. The lawyer's fees for the divorce depends on various factors, such as the experience and standing of the lawyer, the complexities of your case, etc.

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Adv. Manish Acharya

Partner
LawLeo.com
Andheri , Mumbai


Mutual consent divorce is the simplest means of divorce. The couple files a divorce petition and the consent terms in the court. At the first hearing, the court checks with both the parties about their intention to divorce. If both parties agree to divorce, the court decides a separation period for the couple. This is a six-month period, during which the parties can re-think about getting a divorce. On the second hearing, the court re-checks with the couple and issues the divorce decree on the basis of the consent terms. You do not need more than one lawyer for completing your divorce. The fees can vary from Rs. 30,000 to Rs. 100,000 or more.

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You both can file a mutual consent petition in family court of your area/district. And after filing the petition there would be two counselling in same court and after that court will order for divorce on mutual consent. Total time for this procedure would be minimum 7 to maximum 8 month.

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For Divorce by mutual consent, a petition would be required to be drawn up and executed by both the petitoners. The parties would be required to appear before the Marriage Counsellor, individually and jointly. The Marriage Counsellor would submit his report to the Family Court. The Family Court will consider the application and the report of the Marriage Counsellor an grant time for judicial separation (usually 6 months to 12 months). After completion of the term, both parties will be required to appear before the Family Court when the Marriage counsellor will give his/her report to the Court. The Court would proceed to pass appropriate order based on the report of the Marriage Counsellor. ideally you could engage a single lawyer. The fees will depend upon the seniority and standing of each lawyer.

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