We provide a comprehensive roadmap for Mutual Consent Divorce at Hyderabad.
It encompasses the Court and mediation roles, how to initiate the processes, alimony and maintenance, custody of children, division of property, and movable articles. We create a conducive environment in which spouses should converse and come to the conclusion that their marriage is not workable, in order to alleviate the tension surrounding them. Our presence assists you in overcoming the apprehension of societal judgment because, aside from the husband and wife, nobody understands the situation better.
Steps involved in Mutual Consent Divorce in Hyderabad
Step 1: Commencing the Divorce Proceedings
Initiating the process, both spouses must jointly submit a formal petition for the dissolution of their marital union before the esteemed family court. This petition must eloquently convey that they are no longer able to coexist harmoniously and have reached a mutual consensus to terminate their matrimony. Alternatively, it may emphasize that they have resided separately for a duration exceeding one year. Both parties are obligated to affix their signatures to this document.
Step 2: Court Appearance and Thorough Examination of the Petition
Subsequent to the submission of the petition, both parties are summoned to the family court. Each party shall be accompanied by their respective legal representatives. The court, in its sagacious judgment, diligently scrutinizes the petition and all accompanying documentation. While the court may make earnest attempts at fostering reconciliation between the spouses, if such endeavors prove futile, the proceedings proceed accordingly.
Step 3: Issuing Orders for Sworn Statements
Following a comprehensive evaluation of the petition and upon satisfying its requirements, the court may mandate that the parties provide their statements under oath.
Step 4: First Motion and recording of statements under oath
Once these sworn statements are duly recorded, the court issues an order concerning the initial motion. Following this decree, a six-month grace period is accorded to both parties prior to the submission of the second motion. It is noteworthy that the upper limit for filing the second motion stands at 18 months from the date of presenting the divorce petition to the family court.
Step 5: Second Motion and Concluding Petition Hearings
Upon the mutual decision to proceed further with the divorce proceedings and the subsequent appearance for the second motion, the final hearings ensue. This entails both parties appearing before the Family Court and providing recorded statements. It should be noted that the Supreme Court has recently established that the aforementioned six-month waiting period may be waived at the discretion of the court. Consequently, parties who have genuinely resolved their differences, including matters related to alimony, child custody, or any outstanding disputes, may have this six-month period expeditiously relinquished. Even if the court deems that prolonging the waiting period would only exacerbate their suffering, it may exercise this waiver.
Step 6: Decree of Divorce
In cases of mutual divorce, both parties must have unequivocally consented, with no lingering disputes pertaining to issues such as alimony, child custody, maintenance, and property. Absolute concord between the spouses is requisite for the ultimate decision regarding the dissolution of their marriage. If the court, after judiciously hearing both parties and ascertaining the veracity of the claims within the petition, determines that reconciliation and cohabitation are implausible, it may render a decree of divorce, effectively dissolving the matrimonial bond. The divorce is conclusively ratified upon the court’s issuance of the decree of divorce.