Divorce can be a complicated and emotionally exhausting experience. Many couples wonder if they can avoid the added stress of court proceedings by opting for a divorce outside the courtroom. In India, the answer to this question largely depends on the case and the mutual agreement between the spouses. click to read more about divorce specialist lawyers in chennai
Mutual Consent Divorce
The simplest way to get a divorce without lengthy court battles is through mutual consent. In India, mutual consent divorce is governed by Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954. This type of divorce requires both spouses to agree to the dissolution of their marriage.
To proceed with a mutual consent divorce, the couple must file a joint petition in the family court. This petition should state that they have been living separately for at least one year and cannot live together anymore. They must also agree on key issues such as alimony, child custody, and the division of assets.
The Process
- Joint Petition: The first step is to file a joint petition for divorce in the family court.
- First Motion: After filing, the court schedules a hearing where both spouses need to be present. During this hearing, the court verifies the details and records the statements of both parties.
- Cooling-Off Period: After the first motion, the court provides six months for reconciliation. This period can sometimes be extended up to 18 months. However, the Supreme Court of India has ruled that this period can be waived in certain cases if the court is satisfied that the couple cannot reconcile.
- Second Motion: After the cooling-off period, the couple must appear in court again for the second motion. If the court is satisfied that all conditions are met and the consent is mutual, it grants the divorce.
Alternative Dispute Resolution
Apart from mutual consent, couples can also explore Alternative Dispute Resolution (ADR) methods such as mediation and arbitration. These methods aim to resolve disputes amicably without a prolonged court process. Mediation, in particular, is a popular choice as it involves a neutral third party who helps the couple reach an agreement on various issues.
Legal Separation
For couples not ready for a divorce but who wish to live apart, legal separation is another option. Legal separation allows spouses to live separately without ending the marriage. This can sometimes lead to a more amicable divorce if the couple later decides to proceed with it.
Conclusion
While it is not entirely possible to get a divorce in India without involving the court, mutual consent divorce and ADR methods offer a way to minimize court involvement. These methods emphasize cooperation and mutual agreement, making the process less adversarial and more straightforward. Couples seeking a less stressful divorce should consider these options and consult a legal expert to navigate the process effectively.
