Mutual consent divorce: What is the procedure to file an Application in Chennai?

Legal Solution for Mutual Consent Divorce in Chennai: A Step-by-Step Guide

1. Consultation with a Family Law Attorney:

• Firstly, Initiate the process by seeking legal advice from an experienced family law attorney in Chennai.
• Discuss your decision for mutual consent divorce and gather insights into the legal implications.

2. Grounds for Mutual Consent Divorce:

• Confirm that you and your spouse meet the eligibility criteria for a mutual consent divorce.
• Under Indian law, couples must have lived separately for a specified period before filing the application.

3. Drafting the Mutual Consent Divorce Petition:

• Work with your attorney to draft a comprehensive mutual consent divorce petition.
• Include details such as the reason for divorce, the agreed-upon terms for alimony, child custody, and division of assets.

4. Affidavits and Supporting Documents:

• Prepare affidavits affirming your mutual consent for the divorce.
• Gather supporting documents, including proof of residence, marriage certificate, and details of assets and liabilities.

5. Filing the Petition in Family Court:

• Submit the mutual consent divorce petition to the family court in Chennai.
• Pay the requisite court fees and adhere to the specific filing procedures outlined by the court.

6. First Motion and Cooling-Off Period:

• Attend the first motion hearing with your spouse.
• The court may order a 6-month cooling-off period, during which you can reconsider your decision.

7. Second Motion and Finalization:

• After the cooling-off period, attend the second motion hearing.
• Confirm your intention to file a mutual consent divorce, and if the court is satisfied, a decree of divorce will be granted.

8. Alimony and Consent Terms:

• If alimony or any other consent terms are agreed upon, ensure they are clearly defined in the petition.
• The court will assess the fairness of these terms during the proceedings.

9. Child Custody Arrangements:

• If children are involved, outline the agreed-upon custody arrangements in the petition.
• The court will prioritize the welfare of the children and may seek their opinion if they are old enough to express their views.

10. Decree of Divorce:

• Upon successful completion of the process, the court will issue a decree of divorce.
• The marriage is legally dissolved, and both parties are free to remarry.