Have you and your partner concluded that dissolving your marriage is the only way forward for you? Or do you need the help of an objective third party to discuss the custody of your children and the division of assets? Do you want to avoid the toxicity of consented divorce and make sure that the entire process takes place without a hitch?
Divorce is an emotionally tiring experience for everyone involved, even when it is mutually agreed upon. It is possible to make the process slightly quicker and easier for the parties by seeking legal counsel, You can contact Adv Sonu Sharma Mutual Divorce Lawyer in Pune.
Setting The Divorce In Motion :
The first step in the procedure of consent mutual divorce involves the spouses deciding that they cannot move forward with their marriage. The mutual consent divorce was brought forward by the Indian Parliament video Amendment in 1976 in the Hindu Marriage Act for such spouses.
Since both the spouses come to a decision together, the mutual consent divorce takes a lesser toll on the individuals than a contested divorce. At the time of filing for a mutual consent divorce, an MOU agreement (terms of settlement) is prepared for parties convenient and for future record.
Timeline Of Court Events For A Mutual Consent Divorce :
If you are ready to file for a mutual consent divorce, the petition for the same can be filed at the place where the marriage had taken place, where husband and wife last resided together, or where the wife is residing at the time of filing the petition. With this, the First Motion is passed. There comes a six-month waiting period before the Second Motion. It can last up to eighteen months and is also called the cooling period given to the spouses to rethink their choices and reconcile, if necessary. During the cooling period, the spouses have the liberty to withdraw their petitions. The waiting period can be waived off at the discretion of the Court on a reasonable ground. If the parties cannot reconcile within this time, they are called to the court for recording their statements again. After this, the Court passes a decree and the marriage stands dissolved. So if you are looking to get best counseling about Mutual Divorce in Pune then Advocate Sonu sharma is always available.
Children Of Mutual Consent Divorce :
Child custody is one of the most debated topics during a divorce. If there are children from the marriage, there are a few things to take care of. The spouses need to iron out the details of custody and visitation between themselves. If both parents are equally competent, they can share joint custody of the child. Resolving the child custody issues amicably is the best course of action in order to avoid inflicting suffering on the child and both the parents. In fact, most children with divorced parents end up scarred by the long custody battles waged in their names. If you are also going through this phase and need to solve the matter withe ease, then you need to just contact best mutual divorce lawyer in Pune, Adv Sonu Sharma.
Dividing Assets :
Financial settlements make up a huge portion of negotiations during a divorce. It comes in the forms of alimony, children’s education expenses, and joint investments. Such topics are best resolved when discussed in the positive and calm presence of competent consent divorce advocates. If the emotions run high between the spouses, we offer different options from years of experience to come to a settlement satisfactory to both spouses.Adv Sonu Sharma , Experienced Mutual Divorce Lawyer in Pune have ample experience to provide you the best solution.
Notarized Divorce, Religion – And Other Conditions To Be Aware Of! :
Just because, both parties agree to a divorce and have the conditions agreed upon, they cannot simply take out the stamp papers and print them out and do a notary to call it done! This action falls under notarized divorce and this is illegal! Since India is a secular nation and home to various religions, the law varies when compared to each of these various religions. There is also one other catch! After the second and final motion, there is no going back, as you have already had the opportunity. After the final motion of the court, the divorce cannot be undone. However, in the 6-month gap between the first and second motions, you can cancel the motion for divorce. What if you simply have to be separated now? If you have an unavoidable reason, like a job to get back to in a foreign country then you can state the reason and see if the court will waive the second motion!
An expert mutual divorce lawyer in Pune can help you tackle these stressful negotiations and guide you through the procedures of the court. While we recommend consulting a lawyer who is well-versed with family law, our team will gladly ease you through the painful ordeal of dissolving your marriage, if you wish to avail of our services.