MUTUAL DIVORCE LAWYER IN NOIDA
Although going through a divorce can be emotionally draining, mutual divorce occurs when both parties choose to end their marriage peacefully. For Hindus (including Sikhs, Jains, and Buddhists), Section 13B of the Hindu Marriage Act, 1955 governs mutual divorce in India. Various religious traditions, however, have various laws pertaining to divorce by mutual consent. As one of the larger cities close to Delhi's national capital region (NCR), Noida is home to a sizable number of solicitors who focus on family and marriage law.
The legal issues of mutual divorce can be complicated, even though it signifies an amicable desire to part ways between couples. Hiring an experienced Noida amicable divorce attorney will guarantee that the proceedings run as smoothly, amicably, and amicably as feasible.
You need the best mutual divorce lawyer in Noida, best mutual divorce lawyer in Greater Noida to handle your case and get the outcome that suits both parties. Getting an order from the court in the cases of mutual divorce can be a tough and strenuous experience, but it doesn’t have to be. We will assist you every step of the way with what you are going through and see your situation from both sides. You can be sure that you will get a tailor-made solution for your case and it will be handled by reputable lawyers with years of experience and successful cases.
LAWYER FOR MUTUAL DIVORCE IN NOIDA
AK Tiwari & Associates is a popular Mutual Divorce Lawyer in Noida, Greater Noida and Ghaziabad, for people from all communities and segments to come to us for their various marital discords and avail the best of our services. Hiring an experienced mutual divorce case lawyer is the best way to get peace of mind for victim person seeking a remedy when dealing with matrimonial cases, in your maintenance case, contested divorce, alimony, domestic violence or any other related matters. At AK Tiwari & Associates, we understand the gravity of mutual divorce cases and the courage it takes to speak out against it. Our mission is to provide unwavering legal support, guidance, and representation to mutual divorce in Noida. We are committed to:
Why Legal Help Matters: Seeking legal assistance in mutual divorce cases is crucial for several reasons:
Why Engage a Mutual Divorce Lawyer in Noida?1. Expertise: Mutual divorce might seem straightforward, but the legal intricacies, documentation, and processes can be daunting for a layperson. Lawyers specializing in this field are well-versed with the procedural nuances. 2. Smooth Process: An experienced lawyer can ensure the divorce process proceeds smoothly, with minimal hiccups. They can guide the couple through mandatory requirements like the six-month separation period before filing and the subsequent waiting period. 3. Drafting & Documentation: From the divorce petition to the final decree, there are several essential documents involved. A lawyer ensures that these are drafted correctly, reflecting the consensus between both parties. 4. Mediation & Settlement: Even in mutual divorces, disputes can arise, especially regarding asset distribution, alimony, or child custody. Lawyers play a pivotal role in mediating such situations and arriving at a fair settlement. 5. Confidentiality: Mutual divorce lawyers ensure that the personal details and concerns of the clients are kept confidential, providing a safe space for open discussions. 6. Legal Compliance: With their in-depth knowledge, lawyers ensure that every step taken is in full compliance with the law.
What Is Divorce With Mutual Consent And Contested Divorce?
Mutual Divorce is a legal process of separation, when both the husband and wife want to separate with their own will after marriage, is called at Divorce with Mutual Consent. Both husband and wife can apply for the divorce by mutual consent. It is the most civilized way of termination of a marriage.
When the couple want that their marriage came to an end, they can agree to terminate the marriage by mutual consent. It is much less complicated than the long-drawn litigation that follows when there is no consent from either husband or wife. It is the fastest and inexpensive way of termination of a marriage. Mutual consent is the best way of separation as it saves time, energy, money and avoids unnecessary quarrel.
Divorce by mutual consent basically means when husband and wife gives their consent for a peaceful separation with each other. While giving their consent for the mutual divorce, both husband and wife should agree to all terms and conditions of divorce regarding maintenance and alimony or custody of children if any.
The provisions regarding divorce with mutual consent are given under section 13-B of the Hindu Marriage Act, 1955 and section 28 of the special marriage act, 1954. Parties intending to dissolve marriage under Hindu Marriage Act are required to wait for at least one year from the date of Separation.
They have to show that they have been living separately for a period of one year or more before the presentation of the petition of divorce and that during this period of separation they have not able to live together as husband and wife. It is not necessary that parties must be living under separate roof. They may be living in the same house but not as husband and wife. However, it becomes tough to convince the same.
How To Take Divorce By Mutual Consent In India
Divorce is a process by which the marriage between two adults comes to an end which may be solemnized under different laws like Hindus which includes Sikhs, Jains, Buddhists are governed by the Hindu Marriage Act, 1955 while Christians are governed by Indian Divorce Act, 1869 and the Indian Christian Marriage Act, 1872.The Muslims are governed by personnel laws of Divorce and also, the Dissolution of marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) act, 1986. Apart from the said laws, other marriages are governed by the Special Marriage Act, 1954. It has brought relief. We recommend that mutual divorce is a better option compared to the contested divorce. It saves time, energy, money, and avoidable toxicity.
Necessary Ingredients For Mutual Consent Divorce1.The parties are living separately for one year or more.
2.They have not been able to live together.
3.They have mutually consented to dissolve their marriage.
4.The parties need to wait for six months after the grant of first motion, to file second motion petition for mutual consent divorce.
Most Important Points To Remember While Divorce:Important issues to be settled on paper by way of memorandum of understanding before proceedings:
Alumni/Maintenance:If one of the partners is unable to meet his/her daily expenses then other needs to pay him/her a onetime settlement amount. Which may be paid in one or two installments. It is subject to mutual understanding between the partners (husband and wife), usually it is paid in two or three installments.
Settlement of Property and Assets:Settling the ownership rights of property and asset between the parties (Husband and wife).
Child Custody:Which partner will get the child custody after divorce
Pending Litigation (if any):Both the Parties must settle the ongoing pending litigation on paper before proceeding for mutual consent divorce.
First Step towards mutual consent divorceSpouses should talk to each other about the future course. If both spouses reach the conclusion that marriage is not workable, they should ease out the tension surrounding them. They should accept that their marriage has broken down. Forget the fear of society. Nobody knows the situation better than husband and wife themselves.
Custody of Child in Mutual Consent DivorceIf there are children involved, the spouses should decide among themselves about Custody of children and their visitation rights. They can discuss interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Parties can have an understanding of joint custody or shared parenting in the mutual consent divorce process. This can save parents and children from avoidable suffering.
Financial Settlement in Mutual Consent DivorceThe next important aspect is a financial settlement. There are various aspects of financial settlement which includes: alimony, maintenance, house, education expenses, higher education expenses, a marriage of children, stridhan, joint investments, joint accounts and many other. As mutual consent divorce lawyers, we provide a platform for parties to discuss these issues in a calm atmosphere and reach their own solutions. We as mutual consent divorce lawyers provide different options using our vast experience in the field to bring settlement. Sometimes, emotions between spouses are running so high that logic fails.
When One Can Apply For Mutually Consented Divorce?Husband and wife both should be willing to get separated is the first and foremost rule when it comes to a divorce with mutual consent. Also following things, one should be aware of before filing a divorce. Place of filing Mutual Consent Divorce: Place where marriage had taken place. Place where husband and wife last resided together. Place where the wife is residing at the time of filing of the Petition. Process For Filing Divorce By Mutual Consent Filing of the Petition in the Family Court Joint petition for dissolution of marriage for a decree of divorce is presented to the Family Court by both the spouses on the ground stating that they have not been able to reconcile the differences and live together. Thus, have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition has to be signed by both the parties.
Requirement of Documents for filing Mutual Divorce Petition:Address Proof - Husband and Wife. Identity Proof of both Husband and Wife. Two Passport Size Photographs- 1husband and Wife Four Photographs of Marriage. Marriage Card. Memorandum of Understanding. Evidence of Staying separately for a year. Marriage Certificate (If registered)
Appearance before the Family Court Judge for First Motion for DivorceBoth the parties will enter their appearance in the Court along with their legal counsels. Family Court Judge will go through the contents of the petition along with all the documents presented in the Court. Court may attempt to reconcile the differences between the spouses, however, if this is not possible, the matter proceeds further.
Joint Statement on OathAfter going through the contents of the application, Court may order the party's joint statements to be recorded on oath and joint statement are signed by both the parties along with their respective counsels and then First motion is passed.
First Motion order is passed, 6 Months Time period is given for the Second Motion An order on the first motion is passed by the court. After this, a six months cooling period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.
Second Motion hearing and Final DecreeOnce the parties have decided to go further with the proceedings and appear for the second motion, they proceed with the final hearings. This includes parties appearing and recording of joint statements before the Family Court.
If the court is satisfied after hearing the parties that the contents in the petition are true and that there cannot be any possibility of reconciliation and cohabitation and the issues pertaining to alimony, custody of children, properties, pending litigations etc are settled, Court may pass a decree of divorce declaring the marriage to be dissolved. Divorce becomes final once the decree of divorce has been passed by the court.
How Much Time Does It Take Place To Get Final Divorce By Way Of Mutual Consent?As per sec-13(B) of Hindu Marriage Act, 1955, there are two motions to get a final decree of divorce. When Parties comes first time, on completion of at least one year of separation, before the family court to seek divorce by way mutual consent and joint statement on oath are held in the family court.
Then this is called first motion and when first motion is allowed by the family court thereafter as per the law both parties are required to wait for minimum 6 moths of cooling period to reconcile the dispute and may again live together as husband and wife as divorce was not yet and if parties fails to reconcile till 6 months then both parties may again come by way of filing the second motion petition for divorce with mutual consent this second petition is called the second motion.
And again joint statement on oath takes place then after signing the joint statements the final decree of divorce is granted by the family court. Therefore, in the view of above-mentioned discussion it is said that minimum 6 months period is mandatory to get the final decree of divorce by way of mutual consent.
Can Mutual Consent be Withdrawn?Before passing a decree of mutual consent divorce, either of the parties may withdraw his/her consent because the consent of both the parties are necessary at the time of second motion. Either Husband or wife can withdraw consent before filing the second motion petition. However, the court have come down heavily on parties who have misused first motion to take some advantage.
Further as per the judgement passed by the Hon'ble Delhi High Court, in the matter if Rajat gupta vs Roopali Gupta, in 2018, the withdrawal of consent after recording of statement in first motion may result in initiation of proceeding under contempt of court, Act 1971 against the defaulting party
AK Tiwari & Associates provides the best family court lawyer in Noida, a matrimonial lawyer in Noida, a Mutual Divorce lawyer in Noida, a Mutual Divorce lawyer in Greater Noida, a Mutual Divorce lawyer in Noida Extension, Mutual Divorce lawyer near me. Our team has the best Noida family court advocates who will assist clients in an efficient manner for Mutual Divorce cases. It is an easy task to get a good family court Noida lawyer but the question comes about transparency and credibility. Our team provides a Mutual Divorce lawyer in Noida as per the requirement of the client considering the overall factual position and also explaining Mutual Divorce case. A list of the Mutual Divorce lawyer in Gautam Budh Nagar and the best Mutual Divorce lawyer in Noida are easily available on the internet, the only thing you must convey your purpose and object to the Mutual Divorce lawyer so that he or she could help you in a better manner. So when the question comes best Mutual Divorce lawyer in Noida? or the Mutual Divorce lawyer near me? Don’t hesitate to make an appointment with a Mutual Divorce lawyer from our firm. No need to search Mutual Divorce lawyer near me, we are here to help. Most females become victims of the marriage and bad patches and past experiences create the wrong image of all males including male lawyers too and then female victims start searching for female Mutual Divorce lawyers near me and even if its Mutual Divorce case Lawyer they think there will be misleading by a male Mutual Divorce lawyer while conducting the procedure.
We recognize that getting an order in the case of Mutual Divorce case is one of the most painful experiences that people can go through. It’s because of this, that we can empathize and relate to you and what you are going through. It doesn’t matter if you need a Mutual Divorce lawyer in Ghaziabad, our team of legal professionals has the experience and background that you need to build a solid case. In case you need a Mutual Divorce lawyer in Noida, approach us. You need a team that understands what to do every step of the way and fights for you until there is a result.