Online Mutual Divorce – Complete Guide

By Team Legal Helpline India, June 3, 2021

Online Mutual Divorce process explained with important tips in detail.  Expert services of Online Divorce Process Lawyer in India.

Online mutual divorce can now be filed in Family Court by the husband and wife through our team. It can be filed and handled now in any part of the country effectively by us.

We have a strong team of online divorce process lawyers in India who can provide the entire services of online mutual divorce effectively. The process initiated during the lockdown by the courts has now picked up and one finds a large number of online mutual divorces being filed.

Mutual divorce online is to be filed before the Family Court of the appropriate jurisdiction to be advised by the Online Divorce Process Lawyer in India. The parties are not required to be physically present before the court during the hearing of the online mutual divorce petition. The hearing of the online mutual divorce is done by the E court through the virtual model.

The entire process of online mutual divorce is being handled by our expert teams at various parts of the country and we are filing online mutual divorce in every part of the country irrespective of the location of the parties.

DOCUMENTS REQUIRED FOR ONLINE MUTUAL DIVORCE:

i) Proof of identify of the husband and wife viz Adhar, Voter I Card, Passport, OCI Card, Ration Card, Driving license or any other recognized document with photograph on it.

ii) The proof of address of husband and wife which can be any of the above documents or even a rent deed.

iii) Marriage Certificate, if registered marriage.

iv) Card of Marriage, if available.

v) Joint, photograph of the marriage, if available.

vi) Passport size photograph of husband and wife duly signed over.

vii) MOU or the agreement for divorce signed and executed between the parties.

STEPS FOR ONLINE MUTUAL DIVORCE:

Parties can contact any Online Divorce Process Lawyer in India for drafting and filing the online mutual divorce before the Family Court. Since it involves consideration of various aspects, the services of a very good divorce lawyer is required.

The Online Divorce Process Lawyer in India has to take into consideration the aspect of place of marriage of the parties as it would determine the jurisdiction of the Family Court where the online mutual divorce can be filed. He has to further consider the places where the parties have resided after their marriage and the present location of the parties. Another important aspect the distribution of the assets of the parties amicable including the immovable assets.

The Online Divorce Process Lawyer in India has to also take care of the aspect of custody and upbringing of the children, if they are minor.

After considering all these aspects from the point of view of provisions of law, the Online Divorce Process Lawyer in India has to proceed in the manner taking into consideration all other related factors. Since it is a very serious affair, every possible care is taken to comply with all mandatory legal provisions.

AGREEMENT FOR MUTUAL DIVORCE

Online Divorce Process Lawyer in India has to draft the memorandum of agreement for mutual divorce after taking the entire facts into consideration. He has to take care of the terms finalized between the parties and also seek the consensus of the parties.

The agreement for mutual divorce should contain all important points to be considered by the court. The agreement for mutual divorce should also contain all the legal points which stipulates the terms and conditions between the husband and wife regarding their separation.

CHILDREN: The agreement for mutual draft for online mutual divorce should contain the entire details of the children born out of the wedlock. If the children are minor then the issue of custody and the expenses of upbrining should be clearly mentioned.

PROPERTIES: The issue of properties between the parties is a bone of contention hence it needs to be clarified in very specific terms. The movable as well as immovable properties should be clearly distributed amongst the parties as per their agreement. The title and ownership should be clearly defined.

If any transfer of property document such as GPA, SPA, Sale Deed, Gift Deed is to be executed then, it should be mentioned clearly with cost, time, and place.

ALIMONY: The issue of alimony is to clearly settled and mentioned in the agreement for mutual divorce between the husband and wife. It should be clearly mentioned that the issue of permanent alimony has been dealth with and finally settled in all respects. The parties have no claim against each other after signing of the agreement for divorce.

PENDING LITIGATION: Details of entire pending litigaitons, complaints, cross complaints which are known or unknown needs to be mentioned clearly in all respects. It has to be mentioned that the complaints or cases would be withdrawn by the parties. If there is any FIR, the parties will get that quashed from High Court or finish the same in all respects.

STEPS INVOLVED:

The Online Divorce Process Lawyer in India will get the signatrues of the parties on the agreement for divorce and then prepare the joint petition to be filed before the Family Court. After getting the signatures of the parties and after annexing all documents, the Online Divorce Process Lawyer in India will file the online divorce petition as per the requirements of the Family Court. Now a days the scanned copy below 25 MB in PDF is being filed through the filing account of the advocate.

FIRST MOTION:

After filing of the first motion, the formalities of the same related to the listing are completed by the staff of the family court. The first motion is thereafter listed before the court for hearing.

On the given date, the parities alongwith the Online Divorce Process Lawyer in India join the proceedings through virtual link provided and make their statement before the court.

The court takes the formal queries and then orders for the acceptance of the statement of the parties.

The court thereafter orders for the acceptance of the stateemtnt of the parties and accepts the first motion of the online mutual divorce.

SECOND MOTION:

The second motion of the online mutual divorce is to be filed after the lapse of 6 months of the acceptance of the First Motion by the court and before the expiry of 18 months.

The Online Divorce Process Lawyer in India undertakes the drafting of the petition for second motion for online mutual divorce between the parties. The entire set of documents are filed again with the earlier statement recorded by the court in First motion.

The online mutual divorce petition is thereafter filed in the same manner and against listed before the family court.

The parties to the online mutual divorce join the proceedings of the second motion through the virtual link of the court on the given date and time.

The judge then takes the statement of both the parties with all formalities.

The petition is then accepted and the orders are passed by the family court on the online mutual divorce petition.

Once the orders are passed, a decree of divorce is prepared and the marriage of the parties is dissolved by a decree of divorce.

IMPORTANT TIPS:

Mutual divorce agreement is the most important document which should be prepared by the Online Divorce Process Lawyer in India first.

The issue of distribution of the entire properties should be dealt completely and clearly.

It should be clearly mentioned that the MOU is to be complied in toto without violation of any clause.

The period of 6 months as a cooling period is mandatory which can be waived off only in case of ongoing divorces in exceptional cases only.

ATTENTION: We have in-house teams for providing all services, mail us all your details for quick action of online mutual divorce before Family Court.

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