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What Documents Are Required For A Quick Mutual Divorce ?

  • Writer: lead India
    lead India
  • May 22, 2023
  • 3 min read

The legal procedure related to the separation of a couple after their marriage is called divorce and where both parties to the marriage wish to separate by their own will after marriage, the procedure would be called as divorce with mutual consent. Both the partners could apply for the divorce mutually.


Divorce shall be called a contested divorce or divorce without mutual consent if it is filed without the approval of the spouse of the applicant. In most of these cases, the reason behind filing for such divorce shall be cruelty, adultery, desertion, conversion, mental disorder, communicable disease, presumption of death or in case of renouncing the world by the defendant.


The procedure for divorce with mutual consent in India will be less expensive, traumatic and less time consuming in comparison to the contested divorce procedure.


When can one file a mutually contested divorce case?

Both husband and wife must be willing to get separated is the most important condition when it comes to filing for a divorce with mutual consent. Listed below are a few things one must be aware of before filing a divorce:

  • Husband and wife should be staying separately for a period of one year at least.

  • Husband and wife both agree to divorce.

  • The spouses are unable to live together anymore.

  • Divorce shall be filed after a period of minimum one year from the date of marriage.

Provisions of law to apply for divorce by mutual consent

Different Acts have been provided for marriage registration, similarly, legislature has provided different provisions of law as per the marriage Acts mentioned below:

  • Section 13B of the Hindu Marriage Act 1955- provides for the period of separation necessary, i.e. 1-year minimum

  • Section 28 of the Special Marriage Act, 1954

  • Section 10A of the Divorce Act, 1869, which provides for a period of separation,i.e., 2-year minimum

  • Section 32B of the Parsi Marriage Act 1936

  • Legal provisions provided under the Christian and Muslim Marriage Acts.

Documents required to apply for a Divorce-

Documents which are generally required to file a divorce petition, experienced divorce criminal lawyers in Delhi or criminal lawyers in Bilaspur could help you prepare documents for the same so that no mistake is committed:

  • Marriage Certificate of the couple

  • Address Proof of the couple.

  • Four Photographs of Marriage solemnised

  • Income tax Statement of of the couple for the last 3 years

  • Details of the profession and Income including the Salary slips, appointment letter of the couple

  • Details of the Property as well as the assets owned by the partners

  • Information about husband and wife

  • Evidence proving that the couple has been staying separately for an year

  • Evidence related to all the failed attempts of reconciliation between the partners.

Trusted and experienced lawyers at Lead India will assist you throughout the process of divorce right from start till the final decision has been passed. After a thorough consultation with divorce lawyers in Mumbai, the couple who wish to file for divorce would have to follow:


The couples wishing to divorce have the option of filing a petition for divorce in any one of the following family courts –

  • Where the couple last resided as husband and wife,

  • Where the husband is living presently

  • The wife is living presently.

Listed above are some of the important facts one must have knowledge of the facts required to file for a divorce. If you wish to talk to a lawyer or seek free legal advice online, you can contact us at Lead India.


Call Us: +91–8800788535


 
 
 

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