The easiest and the simplest way to end your marriage is through mutual divorce. In a mutual divorce parties agree mutually to separate and dissolve the marriage. To file for divorce through mutual divorce there are two things on which the parties are required to reach consensus, i.e., alimony and child custody. Owing to this mutual divorce saves a significant time and money as opposed to a contested divorce. It is also easier to file for mutual divorce.
FILE A JOINT PETITION
The parties are required to file joint statement by both the parties. This statement has the agreement to split the assets, custody of children, etc.
APPEAR FOR SECOND SESSION
After 6 months of the first motion or by the end of the reconciliation period, if both parties still don’t agree to come together, then the parties may appear for the second motion for the final hearing. In a recent judgement, the Supreme Court has categorically stated that the six months period is not mandatory and can be waived off depending upon the discretion of the court.
DIVORCE IS GRANTED?
In the final step divorce decree is granted by the court after hearing both the parties.
The parties need to agree on the following before filing for mutual divorce-
CUSTODY OF CHILD
The parties must agree on who will have custody of child. Parties can either opt for joint custody or sole custody. In case of joint custody both the parents have the legal custody of the child but only one of them have the physical custody whereas in case of the sole custody only one of the parent has both the sole and physical custody of the child.
ALIMONY
The second most critical part of mutual divorce is to agree on the alimony amount. Alimony is the payment given to one spouse by the other as maintenance. The parties need to agree on this before filing the divorce petition.
RETURNS OF ITEMS
Whatever is received as streedhan should be returned as per what is mutually decided by the parties.
LITIGATION EXPENSES
The couple should also decide on how would they like to divide their litigation expenses.
As per Section 19 of the Hindu Marriage Act, 1955 you file the divorce petition before a civil court of a district-
1. Where the couple seeking divorce last resided together
2. Where the marriage took place
3. Where the wife is residing at present
4. Where the respondent(opposite party) is residing at the time of presentation of the petition.
The district court here implies the family courts that are established under the Family Courts Act, 1984.
