What is Divorce?

When there is lawful dissolution of legal ties established at marriage, in the form of divorce, the marriage is said to be dissolved. Divorce, which may also be called as ‘dissolution of marriage’, is a legal way of separation of spouses in a way other than through the death of one of the spouses so that the parties are parties and are free to remarry immediately or after a certain period.

Traditionally, human society did not favour divorce, and hence, there were stable legal bonds established by marriage. However, the evolution of societal norms has enhanced the expectations of spouses from each other, which, when not fulfilled, give rise to conflicts. The conflicts become incorrigible; disharmony ensues, impacting mental health, behavioural patterns, financial instability, work life, and quality of life.

Identifying the point at which marital cords are losing harmony, affecting one’s holistic well-being, becomes an important step. With the exemplary experience of interacting with innumerable couples facing disharmony in their marital lives, we understand the emotional burden and societal pressure one goes through when on the cusp of separation.

The concept of marriage, as seen in historical jurisprudence, is a complex phenomenon that cannot be confined to one single principle, idea, or notion. It is considered a combination of several principles, ideas, and concepts from which a perfectly logical set of rules cannot be derived. The essence of marriage is that it is a union of two individuals and a social institution.

The ‘wedlock,’ which has been part of human civilization from time unknown, has evolved to have set rules in the form of various laws that govern marriages worldwide. Along the way, the concept of Divorce has also unfolded, becoming a social fact of our generation. If you navigate the complexities of marriage dissolution in Bangalore, seeking guidance from a knowledgeable divorce advocate can provide invaluable support.

Mutual Consent Divorce Process

STEP 1: Choosing the lawyer

Being a country of many religions and citizens falling under different laws when it comes to marriage, divorce, child custody, succession and such other matters, it may be grueling to understand the provisions of law. Your divorce lawyer has knowledge and understanding of the law to guide you on this.

It is essential that you choose an experienced and skillful advocate who is acclimatized to the courts in the local area of jurisdiction and are well versed with the local language and practices.

STEP 2: Consultation with the lawyer

Consultation with a lawyer is essential, fix an appointment with chosen lawyer. Note down your doubts and questions that you may have regarding intended divorce, as a preparation. You and your spouse can choose one advocate or 2 separate advocates to represent you both in the court. When it comes to mutual consent divorce all the terms and conditions of separation must be spoken, discussed and agreed upon by both the spouses. Guidance on arriving at consensus can be sought from your divorce lawyer.

STEP 3: Documents

Documents such as Address Proof of both the parties, Marriage Certificate, Marriage Invitation Card, Marriage Photograph, Child’s Birth Certificate if any and any other document that may be necessary for the facts mentioned in the petition.

STEP 4: Joint Petition

A joint petition is prepared by the advocate mentioning the details provided by you. You and your spouse will be asked to inscribe your signatures after reading through the petition and accompanying affidavit/s. The duly signed petition is then filed in the court of jurisdiction by the advocates along with the necessary documents.

STEP 5: Waiting period

Once the case is filed for mutual consent divorce, the court following the provisions of law gives a date after six months for the next motion. This period is called as waiting period or cooling off period and it is given to the parties to see if any reconciliation possible between them. However court has the power to waive off this period if there are reasons to believe that the marriage is broken down irretrievably. An effective argument/ genuine reason may help in getting this period waived off.

STEP 6: Hearing & Mediation

On the scheduled date either after 6 months or in case waiting period is waived off the earlier date which will be informed to you by your lawyer, both the spouses must be present in the court. Prior to this all the issues related to division or transfer of property and other assets, responsibility assigned for liabilities, child custody & support, amount of maintenance and alimony and any other issue that the parties are concerned about has to be decided and settled amicably by the parties. A mediator talks to both the parties to confirm that there is no chance of reconciliation. With the mediator’s report your file moves back to the court. The Judge may ask few questions based on the facts mentioned in the petition and in the mediation report, to which parties have to answer. Your lawyer will guide through the entire process and be present with you.

STEP 7: Divorce Decree

After the final hearing on the same day or the day after, Judge issues the divorce decree, an order that ends your marriage lawfully. Parties’ presence is required for this stage also. Later your lawyer and the team complete the necessary paper works and informs you when the copy of the final judgment is available, which can be collected from our office.

STEP 8: After the judgment

There is no option for appeal in case of mutual consent divorce. Only in case of any issue related to child custody or property division which was not addressed earlier or any conflict arises further regarding maintenance or alimony, there can be a fresh suit.