Legal divorce
4 years ago
Hi,
I have a query on that -
1. Can both partner get separated after completing 7 months of court marriage?
2. Both partners agreements needed or one will work?
3. Tenure (same day procedure) and fees?
4. Can spouse claims/demands for the money?
Kindly answer these just basic questions!
Appreciated in an advance!
Shreyash Mohta
Responded 4 years ago
A.1. If you want to get divorced then at least 1 year of separation period is essential.
2. In case of both mutual and contested petitions from both the ends have to be submitted. [In case of Mutual, both the parties have to fist make a MOU on the basis of which at a later stage a Separation Agreement is made, which is then submitted in the court and such Separation Agreement is legally binding on both the parties].
3. A mutual Divorce generally takes anywhere around 6 to 18 months. The decree of divorce is ordered after the second motion. [Though the Supreme Court has issued guidelines to waive off the 6 month reconciliation period, it has not been implemented at the ground level as such].
About the Fees - The Court fee is Fixed in case of Divorce Cases and such court fee must be paid. As for the Lawyers fee, it totally depends from person to person.
4. In case of contested Divorce - The Spouse can claim alimony and maintenance etc which is subject to changes according to change in circumstances [if any]
In case of Mutual Divorce - Any claim regarding anything, be it alimony/maintenance/property claims/division of assets etc should be clearly mentioned in the MOU and shall be further represented in the "Separation Agreement" and it is on the basis of this agreement that both the Husband and Wife will get divorced.
It is prudent to mention here that, no further claims shall be entertained by the court once the matter is settled as both the spouse have jointly decided over such agreement. So in case of change in circumstance no additional claims shall be allowed.
I hope my answer has fulfilled all your queries. In case of further trouble please contact me personally.
Thanks
Adv. Shreyash Mohta
2. In case of both mutual and contested petitions from both the ends have to be submitted. [In case of Mutual, both the parties have to fist make a MOU on the basis of which at a later stage a Separation Agreement is made, which is then submitted in the court and such Separation Agreement is legally binding on both the parties].
3. A mutual Divorce generally takes anywhere around 6 to 18 months. The decree of divorce is ordered after the second motion. [Though the Supreme Court has issued guidelines to waive off the 6 month reconciliation period, it has not been implemented at the ground level as such].
About the Fees - The Court fee is Fixed in case of Divorce Cases and such court fee must be paid. As for the Lawyers fee, it totally depends from person to person.
4. In case of contested Divorce - The Spouse can claim alimony and maintenance etc which is subject to changes according to change in circumstances [if any]
In case of Mutual Divorce - Any claim regarding anything, be it alimony/maintenance/property claims/division of assets etc should be clearly mentioned in the MOU and shall be further represented in the "Separation Agreement" and it is on the basis of this agreement that both the Husband and Wife will get divorced.
It is prudent to mention here that, no further claims shall be entertained by the court once the matter is settled as both the spouse have jointly decided over such agreement. So in case of change in circumstance no additional claims shall be allowed.
I hope my answer has fulfilled all your queries. In case of further trouble please contact me personally.
Thanks
Adv. Shreyash Mohta
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M.P. SANJAY sanjay SANJAY
Responded 4 years ago
A.1)To get separation you have to wait for 1 year from the date of marriage
2) If it is mutual divorce both the parties has to make MOU
3) If it is mutual divorce parties has to wait for 6 months from the date of submitting petition before the court, or if the case is filed any one of them then it will take time it depends on the appearance of both the parties in the court.
4) Yes Spouse claims/demands for money as maintenance
2) If it is mutual divorce both the parties has to make MOU
3) If it is mutual divorce parties has to wait for 6 months from the date of submitting petition before the court, or if the case is filed any one of them then it will take time it depends on the appearance of both the parties in the court.
4) Yes Spouse claims/demands for money as maintenance
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Rameshwar Dadhe
Responded 4 years ago
A.Dear sir/ mam very good and better understanding for u . If both are ready to it than u should file divorce by mutual consent very helpful for you u will get divorce in just six months
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A.Dear Sir,
it is very hard to get divorce even mutual divorce. there is cooling period of 6 months even if you agree for mutual divorce.
it is very hard to get divorce even mutual divorce. there is cooling period of 6 months even if you agree for mutual divorce.
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Anonymous
Replied 4 years ago
Thank you sir for the answer!
So after how many months and years we can get divorce?
Also Divorce and Annulment both works same?
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