Mutual Divorce in Agra

Mutual Divorce in Agra

Mutual divorce is a process where both spouses agree to dissolve their marriage amicably. In Agra, the procedure follows the guidelines set by the Hindu Marriage Act, 1955, if the couple is Hindu, or the Special Marriage Act, 1954, for marriages solemnized under that act. Here is a detailed guide to obtaining a mutual divorce in Agra:

Steps for Mutual Divorce in Agra

Joint Petition:

Both spouses must file a joint petition for divorce in the Family Court. This petition states that they have been living separately for at least one year and have mutually agreed to dissolve the marriage.

First Motion:

Both parties appear before the court, and their statements are recorded. The court examines the petition, documents, and attempts to reconcile the parties.

Cooling-Off Period:

There is a mandatory six-month waiting period (cooling-off period) after the first motion. This period is intended to give the couple time to reconsider their decision.

Second Motion:

After the six-month period, both parties must appear before the court again for the second motion. The court reassesses the couple’s decision to ensure it is mutual and voluntary.

Final Decree:

If the court is satisfied that both parties have mutually agreed to divorce and there is no chance of reconciliation, it grants the divorce decree, legally dissolving the marriage.

Required Documents

Joint Divorce Petition:

A petition signed by both parties outlining the grounds for divorce and mutual consent.

Proof of Marriage:

Marriage certificate or any valid proof of marriage.

Address Proof:

Aadhar card, voter ID, passport, or utility bills for both parties.

Proof of Separation:

Documents or evidence supporting that the couple has been living separately for at least one year.

Photographs:

Passport-sized photographs of both spouses.

Income Statements:

Income tax returns or salary slips of both parties (optional but helpful).

Details of Property and Assets:

Information on jointly owned properties and assets, if applicable.

Mutual Agreement:

A written agreement on matters such as alimony, child custody, and the division of property.

Fees and Costs

Court Fees:

The court fee for filing a mutual divorce petition is nominal, generally around ₹100 to ₹200, depending on the court’s jurisdiction.

Important Considerations

Consent: Both parties must agree to the divorce and its terms, including matters like alimony, child custody, and the division of property.

Residency Requirement: At least one party should have been residing in Agra for a minimum of six months before filing the petition.

Cooling-Off Period Waiver: In certain cases, the court may waive the six-month cooling-off period if it is convinced that the separation is mutual and there is no chance of reconciliation.

Conclusion

Obtaining a mutual divorce in Agra involves a straightforward legal process if both parties agree on all terms. It requires the filing of a joint petition, attendance at two court motions, and adherence to a six-month cooling-off period. By ensuring that all necessary documents are in order and seeking legal counsel, couples can navigate the process smoothly and amicably. Contact your legal advisor for complete information.

Contact Information: You may contact us, we are the expert and experienced team to assist you and consult you.
Mutual Consent Divorce (Law Sathi Consultation)
Phone:- +91 7617 414 414
Email:- lawsathi@gmail.com
Website:- https://lawsathi.com

https://lawsathi.com

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