Mutual divorce


Hi All,

I have applied for mutual divorce and consulted one lawyer . I applied on August ,2013 and lawyer given me date of  feb 2014  to appear in court for hearing.  

He didn't given me any case no .  and i am  confused here  we didn't appear in court for 1st motion and lawyer is saying our  final 2nd motion .

Can you please help me regarding the situation. ? 

Other than that we got married  on april 2012 and since then we were living separately so we come to get divorce and our marriage was held based on social ritual. We did not do court marriage. 

 

Thanks 

 
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Interested in Family LAW

Hi UK,

How did you apply for Mutual Consent Divorce, please give us some background about your issue. If you had arrived at filing Mutual Divorce from mediation or was that you and your husband applied MCD?

 

First thing First:

 

1. You have apply the mutual consent Divorce in the court

2. After filing and signing in the court registrar you will be given the filing no and MC #

3. Yes, once the petition is accepted you will be given the date 6 months from the date of filing, if judge feels to have the first motion then you will get the near date, since they have posted this for 6 months it is obvious that your first motion is done.

4. Now during the next hearing you will have to go to mediation

5. If both feel incompatible, mediator will pass the file to the Judge for Divorce

6. On the same day or the next day you case will be put for second motion and divorcee decree will be awarded

Now I am hats off to your ignorance of the court procedures, If you don't have the details go to court and check of details, ask your lawyer and tell the above points to him/her he/she will give all the details to you.

 
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Hi , 

  We applied by joint application..Lawyer taken  our signature . Lawyer taken our marriage photographs, our educational certificates and he told he applied 

online .

then after 1 week he called and told  the hearing date.

 

Thanks

 
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Interested in Family LAW

@ UK,

 

Something is fishy. No court will accept online application for MCD. Talk to your lawyer on a serious note. The process is very simple both the parties should be present for filing the joint petion and sign the court register. Otherwise you will not be issued filing # or the MC #.  I regret that you have been cheated by your advocate.

 

 
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Hi ,

 

Thanks for the answer and i am talking with my lawyer in detail. 

other thing is that if i applied fresh it will take again 6 months for the 2nd motion. 

 

Thanks

 
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Interested in Family LAW

Yes, you are correct it is the supreme court mandate the cooling off period will not be waived off. You have to go through the 6 months reconciliation phase and then the MCD decree.

Disclaimer: When you are explaining an issue please provide maximum details

 

This will be my last reply to this thread

 
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Advocate

I pity the querist for being so innocent and may be that is the reason for the post marriage sufferings.  There is no such system called online filing of divorce case or any case so far, may be your lawyer is taking you for a ride.  If you remember the date of signing the application , go to the court directly, verify yourself personally from the court office records and find out the case and its number, if it was filed, do not wait until the date of second motion.  If there was no case filed and if you intend to file one, it is again the same procedure of waiting for another six months.

 
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