Conversion of contested divorce to mutual consent


Greetings, After nearly one year of My Daughter's divorce case filing our lawyer requested for exparte closure in the next hearing as her husband's advocate did not show up on a few ocassions and he was asking for next date always. The judge agreed the exparte closure in the next hearing which would be final, unless the husband appears with his advocate. Siting this her husband now approached our lawyer to agree on mutual consent divorce. Our lawyer is advising to go for mutual consent divorce. Is he right? My doubt is if it is exparte then the divorce will be granted in the next hearing itself. Then what is point for us to agree for mutual consent, it would be six more months of torture for my child and her husband may simply withdraw the mutual consent case and we may have to file a fresh contest. Can we disagree on mutual consent? Please advice.
 
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MUTUAL CONSENT DIVORCE PROS & CONS

If your daughter's husband has no objection, both of them can settle for mutual consent divorce. The whole problem will arise if, at last minute, he backs out of MCD proceedings/revokes his desire to have mutual consent divorce. In that case, your daughter will have no other option, but to file a fresh petition for divorce. MCD is an unwise step, unless both your daughter & her husband have made up their minds firmly that they wish to terminate their marriage this way. The court won't reconsider the matter, should your daughter's husband suddenly revoke his MCD wish.

EX PARTE DIVORCE PROS AND CONS

If your daughter chooses to go in for ex parte divorce, any decree granted by the same would be presumed to be final & binding on your daughter and her husband, unless he appears & satisfies the court as to reason for his non-appearance. In appeal, the only advantage is that her husband would have to justify why he was absent from court on the hearing date.

For any further queries, please feel free to contact me at: basu_kunal@hotmail.com. I would be more than delighted to help you & your child out.

Regards

Advocate Kaybee

 

 
Reply   
 



MUTUAL CONSENT DIVORCE PROS & CONS

If your daughter's husband has no objection, both of them can settle for mutual consent divorce. The whole problem will arise if, at last minute, he backs out of MCD proceedings/revokes his desire to have mutual consent divorce. In that case, your daughter will have no other option, but to file a fresh petition for divorce. MCD is an unwise step, unless both your daughter & her husband have made up their minds firmly that they wish to terminate their marriage this way. The court won't reconsider the matter, should your daughter's husband suddenly revoke his MCD wish.

EX PARTE DIVORCE PROS AND CONS

If your daughter chooses to go in for ex parte divorce, any decree granted by the same would be presumed to be final & binding on your daughter and her husband, unless he appears & satisfies the court as to reason for his non-appearance. In appeal, the only advantage is that her husband would have to justify why he was absent from court on the hearing date.

For any further queries, please feel free to contact me at: basu_kunal@hotmail.com. I would be more than delighted to help you & your child out.

Regards

Advocate Kaybee

 

 
Reply   
 

Conversion of contested divorce to mutual consent.

You mean conversion of contested divorce petition to mutual consent divorce petition?

A Divorce can't be converted.     Nor will there be any use.      So also the Petition.

Ex parte has, however, crept in in the text of the query.


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