MUTUAL CONSENT DIVORCE
One of the quickest and simplest ways to get a divorce in India is through mutual consent. This option is available under various personal laws, including the Hindu Marriage Act, the Special Marriage Act, and the Parsi Marriage and Divorce Act. In a mutual consent divorce, both spouses agree to end the marriage and jointly decide on issues such as alimony, child custody, and property division. They file a joint petition for divorce stating their mutual consent. If the court is satisfied with their arrangements, the divorce can be granted relatively quickly, usually within 6 to 18 months. Click this lady divorce lawyers in chennai
DIVORCE BY MUTUAL AGREEMENT UNDER SECTION 13-B OF THE HINDU MARRIAGE ACT
For Hindu couples, Section 13-B of the Hindu Marriage Act allows for divorce by mutual consent. If both spouses have been living separately for at least one year and mutually agree to dissolve the marriage, they can file a joint petition for divorce in the appropriate family court. After a mandatory six-month cooling-off period, the court may grant the divorce decree if it is convinced of the mutual consent.
DIVORCE BY MUTUAL CONSENT UNDER SECTION 28 OF THE SPECIAL MARRIAGE ACT
Couples from different religions or interfaith marriages can opt for divorce by mutual consent under Section 28 of the Special Marriage Act. Similar to the Hindu Marriage Act, this provision allows spouses to file a joint petition for divorce stating their mutual consent and agreement on matters such as alimony, child custody, and property division. The process and timeline are similar, with a six-month cooling-off period before the final decree is granted.
UNCONTESTED DIVORCE
If one spouse does not contest the divorce petition filed by the other, the process can be quicker. When the respondent (the spouse served with the divorce petition) does not file a written statement or appear in court to contest the divorce, the court may proceed with the case ex-parte, based on the petitioner’s evidence, and grant a divorce decree.
ONLINE DIVORCE SERVICES
Advancements in technology have led to online platforms and services that assist with divorce proceedings. These platforms guide users through the necessary documentation, help prepare legal forms, and may even facilitate mediation or arbitration to resolve disputes amicably. While online divorce services can streamline the process, it’s essential to ensure they comply with legal requirements and procedures in India.
6.IMPORTANT CONSIDREATIONS
While these options may offer a quicker route to divorce, they still require adherence to legal procedures and documentation. Consulting with a qualified family law attorney can help individuals understand their rights, explore available options, and navigate the divorce process effectively. An attorney can provide valuable guidance and ensure that all legal aspects are properly addressed.
CONCLUSION
In summary, the easier and quicker ways to get a divorce in India include mutual consent divorce, divorce by mutual agreement under relevant marriage acts, uncontested divorce, and using online divorce services that streamline the process. Despite these options, following legal procedures and consulting with a qualified attorney remain crucial for a smooth and effective divorce process.
