Can I File For Divorce After 1 Month Of Marriage ?

Lead India
Jun 21, 2023
4 min read

What is "mutual divorce" in India?

Mutual divorce occurs when both couples consent to the divorce and neither spouse can file for legal separation. This sort of divorce is usually filed after many months or years of marriage.

Mutual divorce is not always simple to initiate. Both spouses must consent to the divorce and have lived apart for at least six months before filing for divorce. There are also certain limitations on what may be done once the divorce has been finalized, such as no communication between the spouses and no joint property. For further information on the subject or to seek advice on any other matter, such as the court marriage process in Delhi, you must contact an experienced advocate.

Eligibility Criteria for a Mutual Divorce in India

In India, mutual divorce is a legal process that permits couples to dissolve their marriage without having to go through a formal judicial action. The qualifying requirements for a mutual divorce are straightforward.
To be eligible for a divorce, both spouses must consent to it and have been living apart for at least six months. If one spouse applies for divorce without the consent of the other, the divorce will not be deemed mutual.
When both spouses fulfil the qualifying requirements, they must submit a joint petition with the local court. The court will next decide whether or not to dissolve the marriage. A divorce may need minimal documentation or considerable paperwork and legal actions, depending on the facts of the case.

What is the procedure for obtaining a divorce in India?

Both couples must go through an attorney to get a mutual divorce. The lawyer will assist you in drafting a document outlining the details of the divorce, such as how much money each spouse will receive, whether or not children will receive child support, and so on. Both spouses must also ratify the contract.
After signing and approving the contract, the divorcing spouses must proceed to court and petition for a mutual decree of divorce. This decree is a legal document that declares the marriage null and void. Both spouses can acquire a decree of mutual dissolution (a definitive legal document dissolving the marriage) after filing for it.
Mutual divorces are less expensive and simpler to acquire in India than court-ordered divorces. However, they are not always ideal. If you are considering divorce, talk to your lawyer about all of your concerns before signing any contracts or applying for any decrees.

Advantages of a Mutual Divorce

Couples that are unhappy with their relationship may benefit from a mutual divorce. There are various reasons why couples should choose a mutual divorce.
First, a mutual divorce gives both parties what they want. It is critical for each person to believe that they have won the divorce. A mutually agreed-upon resolution ensures that both parties get what they deserve. This is especially true when one party is significantly more wealthy than the other.
Second, mutual divorce can save both parties a significant amount of time and money. To obtain a divorce, both parties must go through the legal system. This might take months or even years, and it can be quite expensive. Mutual divorce avoids this requirement, saving both parties time and money.
Last but not least, a divorce might aid in the rehabilitation of the couple's ties. A painful divorce may do a lot of harm, and a mutual divorce might help recover some of the trust that was lost throughout the marriage.

Is the Cooling-off Period Mandatory in India

The cooling-off time is not required in India, however it is frequently advised to avoid misunderstandings or anger between the couple.
The cooling-off time allows the pair to reconnect and determine if they can reconcile. If the couple determines they cannot reconcile, the divorce can be finalised without difficulty.
Several variables might impact whether or not a couple can reconcile following a divorce in India. Communication is one of the most critical things. If the couple is unable to communicate effectively, it is unlikely that they will be able to reconcile.
Another critical component is knowing each other's needs and desires. If one partner expects things from the relationship that the other spouse is unwilling to provide, they will find it difficult to reconcile.
Overall, amicable divorce in India is a simple process that may be completed without incident. The cooling-off period allows the couple to reacquaint themselves and ensure that they are both on the same page before proceeding.

Mutual Divorce in India After 6 Months of Marriage

After six months of marriage in India, divorce can be done with the consent of both parties.

Conclusion

After months of investigation and deliberation, it has been determined that divorce can be completed in India. This ruling is founded on Indian legal principles that recognize the notion of live-in spouses. This essentially indicates that both partners have an active role in the marriage and can jointly agree to end it.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to divorce, maintenance, judicial separation, child custody, etc., or any other issue involving matters such as court marriage in Ghaziabad, court marriage in Delhi, or court marriage in your own city. Hence, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.