Mutual consent divorce is one of the easiest ways for separation. However, the process requires some expert consultation and legal representation. Besides, several concerns and doubts may also pop up in the minds of those who wish to part ways with their spouse. Thus, it is necessary that you seek clarity on the same to make informed decisions. Here in this guide, you will come across the most common questions and their answers to navigate through such challenging times with confidence:
Q1. How can you file for a mutual divorce?
A1. Mutual divorce can be filed by submitting a joint petition in court involving both parties. The petition should clearly list the agreement terms, child custody, property and asset division, and other agreed-upon terms. Once the court finds the petition satisfactory, it grants its approval, and the divorce is finalized.
Q2. How is mutual divorce beneficial compared to contested divorces?
A2. Since both parties grant their consent to take divorce in mutual divorce settlements, the legal proceedings involved are completed at a smoother and faster pace. Also, such a proceeding is less expensive compared to contested divorces. It helps both parties to preserve a friendly relationship while moving on and transitioning to the next chapter of their lives.
Q3. What are the key requirements for filing a mutual divorce?
A3. The basic requirement for filing a mutual divorce is that both parties should agree to take divorce on common grounds. They should be married for at least one year, and both spouses should be of sound mind and not make decisions under any pressure or coercion.
Q4. How do mutual divorce and contested divorce differ from each other?
A4. As the name suggests, mutual divorces involve the agreement of both parties to take a divorce, making the court proceedings a lot easier and quicker. On the contrary, in the case of contested divorces, the couples enter into disputes and disagreements and do not find common grounds for separation. Such divorce settlements tend to be more lengthy and extensive, taking into account the disputes between the two.
Q5. How much time does it take for a mutual divorce?
A5. On an average, mutual divorce decree is usually granted within a period of six months to one year. In other cases, the divorce decree can also be expedited to one and two months. However, the time frame may vary based on how well the couple cooperates with each other during the divorce proceedings and the intricacies of the case.
Q6. How can a lawyer help in taking a mutual divorce?
A6. Lawyers can be your legal guardians while planning to take a mutual divorce. They can help you traverse the legal process while handling all the legal documentation and other requirements, ensuring your rights are protected. They provide valuable legal assistance in drafting the divorce papers, filing them, and submitting the necessary paperwork.
Q7. Is it possible for both spouses to hire the same lawyer to file a mutual divorce?
A7. Yes, unlike contested divorces wherein both parties have to hire separate divorce lawyers, mutual divorces can be taken by hiring the same lawyer by both parties. However, based on the decision of the parties parting ways, they can consider hiring two separate lawyers as well.
Q8. Can the settlement terms be changed once the divorce decree is granted?
A8. No, the settlement terms are finalized during the divorce proceedings and cannot be changed once the divorce is granted. However, the settlement terms can be changed if and only if both parties agree to the changes required in the settlement.
Family Kanoon Law Offices: Your Partners for a Hassle-Free Legal Journey!
We hope this guide answers all the common questions prone to hit your mind while considering mutual consent divorce. However, if you need more assistance filing for a mutual divorce, we at Family Kanoon Law Office are here to help you.
Our team has expert mutual divorce lawyers who can guide you through the intricacies of legal proceedings and protect your interests. They shoulder all the legal responsibilities throughout the mutual divorce process to allow you peace of mind while taking the toughest life decision. Reach out to us today to simplify your divorce process to focus on new beginnings!
Comments