Do we need two lawyers to file a mutual consent divorce


I had filed a divorce petition 2.5 years back and now my wife has agreed to the terms and conditions. The judge however said that since 18 months are over the same petition cannot be converted into mutual consent. I have the following questions, and will be thankful for the answers: 1. What are the ways out to quickly resolve this matter? 2. For converting the same petition with revision into a mutual consent case, do we need two different advocates to represent us individually? Or can my advocate alone can complete the formalities? 3. The judge said in last date that he would like to complete everything in next date. Is this possible? Do you have any suggestions for advocates who could do this mutually filing? I have doubts that my advocate may be playing around. When I asked him to give one of his assistant to represent my wife, he is demanding an exorbitant fees of Rs. 35000. Please advise. Thank you! Guggi
 
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Asst. Mgr.

Guggi,

The contested divorce petition needs to be withdrawn and a mutual consent petition needs to be filed. As far as hiring of advocate is concerned, both parties are free to hire separate advocate or a common one. For obvious reasons, in case of a common advocate each party would like to hire advocate of its choice. In our case, I suggested my estranged wife an advocate and even they signed the petition however after signing the petition they are saying that it was your advocate and he has played a trick to us and now want change in the terms of the filed petition. To save this trouble, I would suggest hiring a separate lawyer. 

Disclaimer : I am not a lawyer 

 
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Manager

For MCD. One lawyer is enough. Let it be your lawyer..But your lawyer is charging high I guess.

 
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Lawyers do charge 35000, 50000 or even more.nothing unusual. But better have two lawyers so that they can look after the interest of their clients.
 
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Logical and Legal Advisor at Family Court

Waste of money hiring lawyers that too for MCD.  Write applicatoin for withdrawing prevoius petition, file new petition under 13B, draft terms of MCD carefully so that you two wont fight over it again, sign and give it to court with appropriate stamp on the application.  Simple, cheap and bestest.

 

All on green sheet.

 
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Management Consultant & Social Reformer

I beg to differ with advocate Passey. The amount shown as lawyer fee is highly unreasonable and litigantsa should not accept such fees. Thereis no end to greed. In my opinion feeof Rs 7500- 10000 is enough for a ditrict court trial of nature you are looking for. Get a junior lawyer. You dont even need a lawyer

 
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queriest,
glad to knw tht both of u knw reality. better late thn never,
fail to mention the stage of petition in this 2.5yrs.
draft of conversion of the petition shld b made keeping in mind the all the details relating to case.
at this stage, it is advisable to hv seperate lawyer looking interest of their client seperately.

 
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Management Consultant & Social Reformer

Why you need tweo lawyers for mutual consent petition? You dont even need a lweyer. Justdraft your mutual consent petition alogwith respective affidavts and appear jointly before  court for mutual consent divorce.

 
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Retd Sr Director Govt of India/ Advocate

1) It can also make sense to hire a lawyer if your spouse is being dishonest or vindictive and you just can't cope with it or may take U-turn in due course. In that case, you may need someone to protect your interests.

 

2) It's prudent to hire a lawyer if your spouse has an attorney. This is especially true if you have children or are facing complicated financial issues. It could be difficult and emotionally intimidating to go head to head with a seasoned pro.

 

3) If you can't afford a lawyer, consider calling your local legal aid office. If you qualify financially, a lawyer will (at a minimum) discuss the legal aspects of your case with you and may continue to answer questions on an ongoing basis during your proceedings while you represent yourself. Ask whether the legal aid office has a pro bono program. The office may have a list of private attorneys who are willing to take on cases referred by legal aid at little or no cost.

 

4) Mutual Divorce is the most simple and easy process to end the marriage when mutual unhappiness has emanated out of it. Total time required is six months from the date of filling papers. but there are certain legal and technical requirements and procedures to avoid future litigations better get it vetted by experienced reasonable lawyer.

 

5) Also read http://www.lawyersclubindia.com/experts/Can-non-advocate-ordinary-person-represent-in-court-of-law-300221.asp

 
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Management Consultant & Social Reformer

In mutual consent cases court will accept common lawyer.,But it would be fair if you also pay him some money.

We should have faith in lawyer we engage.Unless thereareindicaitons to contrary.

In case there are no questions of fixing alimony etc the case is very simple and both of you can go and appear youself with respective afidaviots. U/s13b session judge will record statement of you both and dissolve marriage.

Now even lawyers cant take litigants and clients for granted as most people                                    are educated and have access to court website and fora where they can get knowledge. 

You can get a non advcoate to appear for you provided court prmits u/s 32 of advocates act . He should be a close friend or relative like faher,brother,husband ,son etc who has no interest in regular practcie and must have knowledge about case and facts. You cant ask soem outsider and non acquintance to appear for you.

If you cant hire a lawyer appear yourself or ask for legal aid from distrcit legal aid scoaiety in your court. You may get free or at concessional charges. Rest society will pay.

 

 
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