Divorce by mutual consent

BRIGADIER RM SHARMA (Querist) 10 November 2020 This query is : Resolved
Dear Sirs,
My son and daughter-in-law are wanting to go for divorce by mutual consent. What procedure they need to follow? Do they have to engage an advocate or they can go to the family court themselves with the mutual agreement?

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To obtain a divorce by mutual consent, couples can either represent themselves or engage a lawyer. A common advocate can draft and file the petition with the family court. Both parties must appear for hearings, and while a six-month cooling-off period is typical, the Supreme Court has confirmed it's not always mandatory. Consulting a local lawyer is recommended for professional guidance and to ensure all aspects are covered.

Isaac Gabriel (Expert) 10 November 2020
Mutual divorce could be obtained by personal appearance before the family court.However consult a lawyer if the period of one year ncompleted.

Guest (Expert) 10 November 2020
Certainly you would require one common Advocate for both to represent the case . For filing the Mutual Consent Petition and for all the hearings both the Parties should be present. MCD could be completed in maximum 6 month time. Honorable Supreme Court had confirmed even the 6 month Cooling Period is not mandatory for Mutual Consent Divorce. Discuss with your Advocate.

Advocate Bhartesh goyal (Expert) 10 November 2020
Agree with above experts

Rajendra K Goyal (Expert) 10 November 2020
Advocate would draft Mutual Consent Divorce petition which would be filed before family court . Both parties have to appear. After period of 6 months on fixed date, again both parties would appear and court would award divorce if satisfied.

kavksatyanarayana (Expert) 10 November 2020
Agreed with the above-learned experts.

P. Venu (Expert) 11 November 2020
The proceedings could very well be initiated and completed in person as well. The option is at the couple's discretion.

A. A. JOSE (Expert) 11 November 2020
The parties have the option to either represent themselves or through a Lawyer please.

Rajendra K Goyal (Expert) 11 November 2020
The services of professional would take care of other related issues which petition drafted by self may not cover.

Dr J C Vashista (Expert) 12 November 2020
It would be better for both of them to consult and engage local prudent lawyer (may be common) for analysing facts, professional guidance and necessary proceeding.

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BRIGADIER RM SHARMA (Querist) 24 November 2020
Dear Sirs,
Thanks a lot for your valuable guidance

Rajendra K Goyal (Expert) 25 November 2020
You are welcome, may revert in case of any further question on the query.

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