Time required for divorce

1. Firstly, if both of you agree to take divorce, then it is called as Mutual Consent Divorce. For this, you have to present a joint petition stating that you want to get separated through mutual consent divorce. This is called as the First Motion. Then you will be given a 6 month cooling period during which according to the courts you may rethink and take back your petition. Then after 6 months if you still insist on taking divorce then the court asks you to file an affidavit and grants you the divorce decree. This cooling period may be reduced under certain emergent situations in the discretion of the court.

2. If your wife files a divorce petition in your absence, then if you do not represent the case in any way, then she may be granted an exparte divorce decree and also for maintenance if she also claims from you.

3. If you file for divorce and go abroad not representing it any further for a longer time, then again the case may be decided in your wife's favour in your absence.

If you both are ready for divorce by mutual consent then it will get decided in 6 months .2. If your wife filed divorce when you are abroad then she will get exparte divorce decree in her favour. 3. After applied divorce you have to be present for your evidence before the court otherwise case will go in the favour of your wife .

Originally posted by : laxmi kant joshi
	If you both are ready for divorce by mutual consent then it will get decided in 6 months .2. If your wife filed divorce when you are abroad then she will get exparte divorce decree in her favour. 3. After applied divorce you have to be present for your evidence before the court otherwise case will go in the favour of your wife .

Thanks Laxmi sir

I made my mind that i must leave her. I just need to thing about the ways through which i will get less impacted.One more thing the alimony money will depend upon my indian salary or USA salary (% wise) or it will be a fixed amount in rupees?

Great post!!

If your marriage had taken place atleast one year before the date of filing divorce case under mutual consent, it will take another six months period to get a decree dissolving your marriage by a decree of divorce. Your foreign visit for a long duration cannot be hampered due to the pending divorce case.  But better come back on the second motion date to get rid of the proposed marital discord with her legally.