Legal Question in Family Law in India
How long does it take to get a decree if a couple decide to divorce by mutual consent, can it be done fast, also once a settlement is reached about the kids ( like an agreement is reached wherein the male agrees to pay a lump sum for maintainence ) can there be any legal claim on the male in the future if the female partner has accepted the deal. Also what are the procedures to go for a divorce by mutual consent? Kindly advice.
5 Answers from Attorneys
it requires two petitions. the second motion is six months after the first one.
It totally depends upon both the parties and also on how effectivly the Lawyer persue it.
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DEVANSH BHARDWAJ
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LUCKNOW
generally 8 months to 1 year. its better you hire a lawyer if you are not acquainted with drafting and procedure to avoid future problems.
once divorce by mutual consent is obtained, all the conditions w.r.t to alimony, maintenance, custody etc. is settled leaving no room for future litigation. minimum 6 months time is needed to get a decree of divorce by mutual consent.
The parties will need to appear twice before the court for recording of their statements. minimum time is six months.