The fastest and quickest way to end your marriage is through a divorce from one another. In a joint divorce parties agree to split the marriage and end it jointly. There are two issues the parties are expected to reach agreement on to sue for divorce by joint consent, i.e., alimony and child custody. A joint divorce saves much time and money compared with a contestation
FILE PETITION A JOINTAll parties are expected to file joint declarations. This declaration has the consent to divide properties, child custody etc.
Go on then For SECOND SESSIONAfter six months from the first motion or by the end of the mediation period, if all parties still do not decide to come together, then the parties may appear for the final hearing's second motion. The Supreme Court categorically confirmed in a recent decision that the six-month span is not mandatory and can be suspended depending on the court's discretion.
Let DIVORCE WELL?In the final stage the court must issue the divorce order after hearing both parties.
Until filing for joint divorce, the Parties will decide on the following
CHILD CareThe parties must decide who will have child custody. Parties can choose either joint custody, or sole custody. In the case of shared custody, both parents have the child's legal custody but only one of them has physical custody, while only one parent has the child's exclusive and physical custody in the case of single custody.
ALIMONYThe second most important aspect in joint divorce is making an agreement on the duration of the alimony. Alimony is the one spouse's contribution to another as maintenance. Until filing the petition for divorce the parties must agree on this.
ITEM RETURNSWhatever is earned as streedhan should be returned according to what the parties mutually agree.
EXPENSES OF LITIGATIONThe pair will therefore determine if they would like to divide their spending on lawsuits.
Where to lodge a divorce case with one another?
In compliance with Section 19 of the Hindu Marriage Act, 1955 you file a petition for divorce before a district civil court-
- Where the pair last lived together
- seeking divorce. When the union happens
- Where the wife is residing at present
- Where the respondent(opposite party) lives at the time the claim is filed.
Which Contains ?
- Advise and consult counsel over a 30-minute conference call
- Consultation and guidance at the office of advocates.
- Drafting of Applications for Approval Divorce.
- 1st Motion to lodge a motion for Mutual Consent Divorce.
- 2nd Motion for filing a motion seeking mutual consent seeking divorce.
- Obtaining Divorce Decree from the court.