What is Mutual Divorce
Jr. Toprani 8 Dec 2017

What is Mutual Divorce

Mutual Divorce is the type of divorce where a couple opts to end their marriage without getting into a conflict with each other. The only condition that a couple needs to satisfy before applying for a divorce with mutual consent is that they have not been able to live together for a period of at least one year.

It is pertinent to note here that the couple may have lived together under the same roof but not as a normal husband and wife, i.e. they have been staying in different rooms, or have not communicated with each other for a long period, or have restrained themselves from indulging in a sexual intercourse, etc. 

When opting to for a mutual divorce, the couple pre-decides on the terms of a divorce. Common issues in a divorce like custody of children, payment of maintenance, division of assets, etc. which generally create a bone of contention between the parties, are settled in advance by the couple in case of a mutual divorce

Time Period for Mutual Consent Divorce-

The time frame for which the divorce proceedings may extend is 1.5 years, wherein the parties are required to appear before the court only twice. Hence, it can be said that the process and procedure of mutual consent divorce is simple and hassle-free.

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