Divorce or a relationship breakdown is a complex problem and it requires professional help and after helping scores of couples resolving their disputes we take pride in developing a humane approach to divorce process.
Indian Law on mutual Divorce :-
Section 13B of the Hindu Marriage Act 1955 (HMA) provides for divorce by mutual consent.
The Conditions required under section 13B of the HMA commonly known as Mutual Consent Divorce is a divorce where
(i) The Husband and wife have been living separately for a period of one year or more;
(ii) Further both the husband and wife have mutually agreed that the marriage has totally broken down and there are no chances of reconciliation and they have come to definite solution that their marriage should be dissolved hat they are unable to live together.
Under these circumstances a Divorce by Mutual consent can be filed.
The mutual consent divorce case can only be filed in district/family court.
How it works :-
In all in all probability there will be two(2) court appearances in a mutual divorce.
First Motion
- First a joint petition signed by both parties is filed in court;
- Secondly statement of both parties are recorded and then signed on paper before the Hon'ble Court;
- A minimum 6 month which may extend to 18 months period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind.
Second Motion
- Even after time given for reconciliation if the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
- File again a second Petition for Mutual Consent along with certified order of the first motion.
- Finally Divorce decree will be granted as the Hon'ble Court may deem fit and decree of Divorce will be provided to you free of cost.
First Motion
- First a joint petition signed by both parties is filed in court;
- Secondly statement of both parties are recorded and then signed on paper before the Hon'ble Court;
- A minimum 6 month which may extend to 18 months period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind.
Second Motion
- Even after time given for reconciliation if the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
- File again a second Petition for Mutual Consent along with certified order of the first motion.
- Finally Divorce decree will be granted as the Hon'ble Court may deem fit and decree of Divorce will be provided to you free of cost.
Indian Divorce :- How can we help
Our divorce mediators meet with each party individually and work to resolve one issue at a time with a balanced solution. Our divorce services ensure that our negotiators remain neutral, which allows them to find the middle ground and ensure a fair outcome. This approach works for both conflicted and amicable couples. The following steps are part of the Kaizen approach to personal problem like divorce & separation and both parties are taken through the steps separately.
Engagement
We try to ensure that both parties engage in a amicable manner and resolve their disputes amicably and get their commitment from both parties to reduce time and stress, protect the kids and maximize assets and their future wealth.
2.Your Optimum Outcome Conversation
Meet one-on-one with your senior divorce mediator so that he/she can better understand where you are and help you become future focused.
3. Seminar – What is the Law
An experienced lawyer from our firm will educate you on the laws, recent trends and give you timely information.
4. Divorce Transitions Meeting
Get the tools you need to gather your financial information and lay the foundation for a positive future.
5. Financial Pie (Consensus and Division)
Using our Independently Negotiated Resolution process, your senior divorce mediator will facilitate the division of assets, spousal support and child support (if applicable) based on a thorough and comprehensive understanding of the numbers. We strive to protect your wealth and lay the foundation for independent futures
6. Nurtured Children Plan
Create a comprehensive parenting plan. It’s a roadmap that will provide the foundation, rules and guidelines for positive co-parenting, ensuring a bright future for your children.
7. Nurtured Children Parent Education Seminar
Clients are encouraged to attend Kaizen Divorce Solutions seminars/meetup .
8. Negotiated Resolution Plan
This comprehensive plan captures all the terms that the parties have agreed to.
9. Independent Legal Advice
The lawyers give you independent legal advice and prepare your final divorce settlement.
10. Divorce filing
Our experienced team get all the documents prepared swiftly and get them executed quickly and thereafter files the same in competent court expeditiously thereby saving you time , money and stress.
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