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Writer's picturethelila500
Mar 30, 20233 min read

How To Get Mutual Consent Divorce With The Help Of Lawyers

Divorces are difficult. But so are unions that harm your physical and mental health. In India, mutual consent divorce is no longer taboo, and people are progressively coming to terms with the harsh reality of their relationships and making choices to enter healthier ones.

  • Under Section 13B of the Hindu Marriage Act of 1955, a separation by mutual consent must last one year.

  • Section 10A of the Divorce Act of 1869 allows for mutual agreement divorce if there have been two years of separation.

  • Section 28 of the Special Marriage Act of 1954 allows for divorce by mutual agreement.

Role of Lawyers in Mutual Consent Divorce

One must seek the advice of professionals, such as a Mutual Consent Divorce Lawyer, who will assist the particular person during the entire procedure when filing for divorce. They-

  • Help in Understanding the Issues- The client will benefit from precise explanations of the issues from the greatest attorney in the industry, who will also provide flawless arguments at trial. For the sake of divorce, Indian law has numerous illogical and confusing clauses that are based on various religions.

  • Help in Filing the Case- The divorce lawyer will handle the matters pertaining to filing, contesting, and managing the cases in family and high courts with regard to all the numerous divorce laws in India. They usually assist with the issues relating to maintenance, alimony and custody of the child. In accordance with the Domestic Violence Act of 2005, Section 498A of the Indian Penal Code as well as Section 125 of the Criminal Procedure Code, they will support the parties in submitting the petition and assist them in providing a defense.

  • Help in Splitting the Assets- The lawyers help their clients divide their assets fairly and equally, which is their primary responsibility during a divorce. It's common for one spouse to be unaware of the other's financial situation. The advocates can assist them in this by gathering important information and resolving the asset or property issue in a straightforward manner.

  • Help in Explaining the Ground of Divorce- The conditions and grounds of the divorce will be thoroughly explained to the party by a divorce lawyer. As each state has its unique grounds for divorce, lawyers will need to be familiar with them in order to help and direct clients in choosing the right one.

  • Help in Making the Process Less Painful- Divorce procedures can be emotionally taxing, but lawyers often work to lessen the suffering. They will also need to speak with the client frequently about the relevant issues, including the way this may affect their future.

  • Help in Filing a Discover Motion- The divorce petition is submitted to the court by the lawyer representing both parties who have mutual consent, and a copy is served on the respondent, the opposing party. The lawyer files a discovery motion throughout the mutual consent divorce procedure to obtain evidence from your spouse. The discovery motions include all of your spouse's necessary information, including tax returns, credit card bills, property records, and earnings statements. After receiving the divorce decree, you may argue the amount of spousal maintenance and child support, and this kind of document assists in estimating those amounts.

  • Help in Analysing the Privileges- Lawyers will work with their clients to determine whether they are eligible for benefits from the other spouse, like maintenance or alimony. If a couple has been married for more than ten years, they are frequently permitted to pass along a portion of their income or social security to the other spouse. Since child custody is one of the main issues in any divorce case, the divorce lawyer will have the primary responsibility of helping the client with these issues.

  • Help in Negotiating- The finest negotiators are those who promote divorce. Because they will assist the client in resolving conflicts involving property, assets, custody, etc.

You will need the help of a lawyer in filing for mutual consent divorce. If you want to file for mutual consent divorce in Gurgaon, then a Family Lawyer In Delhi can be hired, and if you want to file for mutual consent divorce in Hyderabad, then a Divorce Lawyers In Delhi can be hired. Similarly, a Divorce Lawyers In Hyderabad can be employed if you want to file for mutual consent divorce in Delhi.


At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.


Call Us: +91–8800788535


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