Mutual Consent Divorce
Mutual Consent Divorce is a legal process where both spouses agree to end their marriage amicably. Under Indian law, it requires the couple to live separately for at least one year and jointly file a petition stating they can no longer live together. The process is typically faster, less stressful, and more cost-effective than contested divorce. It involves mutual agreement on issues like alimony, child custody, and property division, making it a peaceful resolution to marital separation.
What the Law Says About Divorce in India
Under Indian law, Mutual Consent Divorce is a legal provision that allows both spouses to end their marriage amicably when they agree on all key matters such as alimony, child custody, and property division. Governed by laws like the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, it requires the couple to live separately for at least one year before filing a joint petition.
The court grants a six-month cooling-off period to ensure the decision is not impulsive. After this period, if both parties still agree, the court may pass a decree of divorce. This process is faster, less adversarial, and helps minimize emotional and financial strain compared to contested divorce.
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