I and my wife have been living separately since last 10 years, I am in Mumbai and she is in Vadodara, and we want to apply for divorce, with minimum court presence, paperwork and faster decision.
How much it would cost us
Divorce by mutual consent is the best way of divorce and maximum two to four time court appearance would be required to get all formalities completed.
Dear Sir/ Ma'am,
Please apply for a mutual consent divorce without any claiming any alimony, property division and state that there was differences in attitude, opinion and that you both were not able to appreciate the differences and accept each other as you were and also that you want to mutually divorce each other without contesting.
Regards,
Sanmathi S. Rao
Dear Client,
The process of applying for divorce with minimum court presence, paperwork, and faster decision is mutual consent divorce. if both spouses agree to the divorce and have been living separately for at least one year.
Law governing marriage of a Hindu is contained in Hindu Marriage Act, 1956. There are two ways in which a marriage can be dissolved by decree of Court.
Following is the procedure…
Both parties should contact a common lawyer and engage him with following document…
Both are required to be present in court on the day of filing divorce. Court will adjourn the case after six months and on that date court will again ask the parties whether both are still ready for divorce and if the parties give their consent for divorce, a decree of divorce will be passed by Court.
1. Both of you can opt for Mutual Consent Divorce, which saves time and money.
2. MCD decree may be granted after completion of six months' of cooling period and since the couple has been living separately for ten years, the cooling period of six months may also be waived off.
3. The cost may vary but it may cost around Rs. 20000/-.
- You both can file a joint petition before the family court for getting mutual divorce within a short period of time.
- For getting the same , two presence is needed before the court only .
- There are two motions in the process which is called First Motion and the second motion
- When order of First motion will be passed then you can move an application to conclude the second motion within week.
- The cost is depend upon the lawyer to whom you will engaged.
If you both agree, opt for a divorce by mutual consent, and file the petition in Mumbai or Vadodara court as mutually convenient. It may take six months at the most. Court fee and lawyer's fees can be shared equally.
Divorce through Mutual consent is the best solution and it can range anywhere between 40 to 50 thousand.
Kind Regards,
Adv. Payal Goyle
You can file the divorce case at her place of residence and the waiting period will be six months for the second motion
However you can file a joint affidavit seeking to waive the waiting period since you have been living more than 10 years away fro each other, within two weeks of the first motion, by filing a hearing advance petition and bring the divorce case disposed within a month also
You can apply for divorce by Mutual Consent that will be the fastest way to get divorce with minimum cost and appearances.
You can apply for mutual consent divorce and get the same