How long does divorce by mutual consent take?

How long does it take to get a decree of Divorce by Mutual Consent in India? The average timeline of the entire process, from the date of filing till getting the divorce decree can be around six months to two years. However, it can take longer, depending upon the nature of the particular case.

What happens if petitioner does not respond?

If you do not respond to your spouse or partner’s petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a “default” or an “uncontested case.” In a “true default” case, you are giving up your right to have any say in your divorce or legal separation case.

When the court may grant decree of divorce by mutual consent?

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 you get divorced same day?

On the next date of hearing depending upon the agreement between the parties, court can pass order of divorce if both the parties are present and agree for the consented order. Therefore, a couple cannot simply decide on one day while living together to file a petition for divorce.

What happens if spouse doesn’t respond to divorce petition in India?

If You Have received notice and u r not appeared before court, Then Court will allow her application (Ex-parte Order) against you, and whatever money she has claimed will be granted to her through ur bank accounts. ATTEND THE COURT AND SEE IF ORDER IS PASSED AGAINST YOU.

What happens during first motion of mutual divorce?

First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. This is the first step in obtaining divorce by mutual consent.

What happens after second motion in mutual divorce?

Statement of parties is recorded by the Court. Once the statement of a minimum of six months period is recorded, the Second motion is passed by the Court. Thereafter decree of divorce is given. Marriage gets dissolved.

Can contested divorce changed to mutual?

Yes you can convert contested divorce into Mutual consent but it is better to file fresh mutual consent divorce and by filing application you can avoid waiting for six months, and get divorce early, further as converting of contested divorce into Mutual consent is bit trouble some and have to convince the judge get …

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