Last Updated on June 10, 2024 by Satish Mishra
Life is unpredictable so as life partners. You won’t have until you live it. I mean when you get married only then you can make out what one goes through.
It is not just about sharing beds, closets but about your life. So never hurry while getting married nor even getting a divorce. Mutual is less painful and torturous than contested. Less of public shame and embarrassment plus upto 80 percent discount on lawyers fee.
Read my post – Why Mutual Divorce is best way of Separation Legally.
Yes it is true! Contested Divorce is multiple times costlier than Mutual Divorce.
Now over to Myths couple have while going for Mutual Divorce. Let’s address few of them here:
1 What will judge ask us in Mutual Divorce?
Obviously why Divorce! Just repeat the petition saying not compatible, temperamental issues, different outlooks etc . .
2 Can we file Mutual Divorce staying in same house?
Yes you can but you need to assure that you lived separately in the same house with no sex. I mean no relation as that of husband wife.
Read my post- Mutual Divorce top 10 Myths Busted.
3 Who will keep the kids?
Whom he is most happy with. Don’t be selfish even if it hurts. It will go a long way in improving your mental piece. And never put child in this difficult situation especially minor ones. Best is prepare him for a change and how he should address questions about mom and dad after divorce. No force with your kids.
4 How much time it will take?
6 months is statutory that can be waived off as per discretion of judge. Within a week application is moved. Usually it is 50/50. No guarantee of waiver application. Don’t be impatient. Goods things take time remember.
Also read- FAQ’s Mutual Divorce
5 Should my parents be present in divorce proceedings?
No way. They can spoil the entire show. Not even your kids should come. They will feel the meltdown and emotions will alter the case results.
6 When will money be given by husband /wife?
Before divorce obviously but mention it clearly in terms and agreement of mutual divorce to avoid any dispute later.
7 Can I remarry?
Not just after 1 day of your divorce but yes after 30 days of order you can.
Rest read my post- Waiver Application in Mutual Consent Divorce
8 Can I challenge Mutual Divorce order?
Yes you can but why would you do it. Need to have good grounds first and foremost.
9 My Husband or wife lives abroad. How to take Mutual Divorce?
Simple either through power of attorney through mom or dad or it can be through video conferencing. But at least once both parties should be present before judge.
Also read- Mutual Consent Divorce Procedure for NRI’s
10 What is Divorce decree? How soon can I have it?
The final legal proof that your marriage is dissolved through Court. Now you are single again and can remarry anyone. Mostly it is within one week of 2nd motion. You can apply for certified copies once it is ordered.
Also read- Looking for Best Divorce Lawyer in Chandigarh, Panchkula, Mohali, Zirakpur
There can be more questions but not all I can answer. So pick up your phone and dial 99888-17966 for quick info. You can also share your thoughts in the comment section below.
