Divorce case for decree
4 months ago
After how many hearings does the court give divorce decree? How long it takes a divorce case for decree
A.Dear Client,
Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce file is not withdrawn within 18 months, the court passes a divorce decree. Whereas a Contested divorce takes 3 to 5 years for the final decision of the court.
Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce file is not withdrawn within 18 months, the court passes a divorce decree. Whereas a Contested divorce takes 3 to 5 years for the final decision of the court.
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A.Dear Client,
The timeline for obtaining a divorce decree varies widely and is influenced by several factors. The number of hearings required before the court grants a divorce decree depends on the complexity of the case, the issues involved, and the cooperation of the parties. In many cases, divorces can be finalized after a few hearings, especially if the spouses mutually agree on terms like alimony, child custody, and property division. However, contested divorces, where disagreements persist, may involve a more extended legal process, requiring multiple hearings and negotiations. The duration can range from several months to a few years, depending on the backlog of cases in the court system, the efficiency of legal proceedings, and the complexities of the individual case. It's advisable to consult with a family law attorney to get a more accurate estimate based on the specific details of your situation.
The timeline for obtaining a divorce decree varies widely and is influenced by several factors. The number of hearings required before the court grants a divorce decree depends on the complexity of the case, the issues involved, and the cooperation of the parties. In many cases, divorces can be finalized after a few hearings, especially if the spouses mutually agree on terms like alimony, child custody, and property division. However, contested divorces, where disagreements persist, may involve a more extended legal process, requiring multiple hearings and negotiations. The duration can range from several months to a few years, depending on the backlog of cases in the court system, the efficiency of legal proceedings, and the complexities of the individual case. It's advisable to consult with a family law attorney to get a more accurate estimate based on the specific details of your situation.
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