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ADV. JYOTI KOLHE

Mutual Divorce

1

Fill Mutual Divorce Application Form

Fill in Online Mutual Divorce Form to start the process. Make an initial payment of Rs 10000/-

2

We Prepare Case Papers

Once you fill your application form based on your given information we prepare case papers

3

Signing of Supporting Docs

Papers and supporting documents from both the spouse is signed. Then you can make the second payment of Rs.10000/-

4

Appear infront of Judge

We file your case, and you appear in front of a judge. In a months’ time after the court proceedings, the Family Court provides two divorce decrees, one for the husband and one for the wife.

ADV. JYOTI KOLHE

Stepwise Process of Mutual Divorce

Critical Step: Making decision

Your decision to move from your marriage and take divorce is the first step of mutual divorce. We After all counseling, mediation and family support you confirm your decision to go ahead with a significant decision of divorce.

Fill Mutual Divorce Application Form

Ones both of agreed on mutual divorce you can fill in our mutual divorce application form. We acknowledge your application by an email, message and a working whats app group is formed for further process and update detailing.

Finalizing Divorce Terms and Share Documents

Both husband and wife have agreed on mutual divorce and accepted the terms concerning Maintenance, alimony, financial assets, joint loans, child custody etc. On agreement of these terms, both the husband and wife share us the documents for verification with us. On confirmation of step 2 we move to next step

Maintenance/Alimony

Both husband and wife need to determine how they will provide financial assistance offering one time or monthly payment. If both of them agrees on no support they can do so and mention no maintenance and no alimony.

Child Custody

The husband and wife must create a parenting plan. Both Husband and Wife makes agreeable parenting plan on child custody arrangements, including the time the child visitation, stay, child's education and health.

Assets

Both Husband and wife agreed on dividing their assets and liabilities in agreement. The list includes various types of assets, including but not limited to properties, bank accounts, investments, vehicles, retirement accounts and outstanding debts.

Mutual Divorce Documents

1) ID proof - Any Govt. ID address proof is accepted.

  1. Adhaar Card
  2. Driving License
  3. Passport
  4. Voter ID
  5. Ration Card

2) Marriage cards / Marriage certificate-

If marriage was solemnized at:

  1. Religious place - marriage certificate issued by that religious body.
  2. Marriage Office of any state Govt.- Marriage Certificate issued by that Govt. body.

3) Marriage photograph

4) Two Passport size photograph

5) Address Proof of both

6) Other: If children- certain courts may require the birth certificates of the children. Furthermore, if both the husband and wife have entered into a mutual agreement prior to filing the case, that agreement is also necessary

Filling Mutual Divorce Petition

Once the verification of divorce terms and documents are done along with Initial payment we file for Mutual Divorce petition. On both parties confirmation we . Husband and wife are required to check the petition and let us know if any changes are required. Ones both of you give confirmation we are ready for first motion.

First Motion and 2nd payment installment

Once the Mutual Divorce Petition is finalized, Parties make their second payment and we schedule the First Motion Court proceedings. These proceedings vary from court to court. Below is the court-wise process:

Delhi Family Courts, Mumbai Family Courts

  • Once the case file is finalized, the husband and wife need to visit court to sign the file and get it attested by an oath commissioner. On the same day, the case is filed in court.
  • A few days after that, the case gets listed for a First Motion hearing, and we inform the parties of the court date.
  • On the first motion hearing, the honorable family judge records the statements of the husband and wife.

Cooling off Period/Mediation/Counselling

Cooling off period of six months is given by court after first motion. In some courts it is mandatory to go for mediation/counselling session for the husband and wife

Delhi Family Courts, Mumbai Family Courts

  • After first motion hearing, the court gives six months’ time to husband and wife to think over.
  • If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can move to Step 6 by filing an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets scheduled before six months.

Second Motion and final payment

As both of husband and wife remain firm on their decision to mutually divorce, they make the third and final payment, after which we schedule the second motion hearing. The honorable family judge records the final statements of the husband and wife, after that the divorce is granted.

Final- Divorce Decree

In a months’ time after the court proceedings, the Family Court provides two divorce decrees, one for the husband and one for the wife. The parties can also collect the divorce decree from office and mail is sent to you.