san (Team Lead) 05 January 2019

Mutual divorce

I woud like to seek divorce from my husband. It has been 1 year and 8 months since we are married. We are having heated arguments over issues which are irreconciable because of our differing perspectives. Both of us want to sepearate. We are having a 1 month old baby. I am concerned not only of the upbringing of my baby in such an environment, but also of the mental toll these fights and arguments are having on both of us.

Is it necessary to live seperately for 1 year before filing for a divorce ? What should be my first step towards filing for a divorce.

Please advise.

Much Regards

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7 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 05 January 2019

In your case you can file mutual consent divorce immediately. It may take 6-8 months.

Suri.Sravan Kumar (senior) 05 January 2019

Both of you need some counselling to settle your issues amicably. So approach local counselling centre.

Vijay Raj Mahajan (Advocate) 05 January 2019

One year separation prior condition for moving Family Court for divorce by mutual consent. Separate living means no matrimonial relationship for one year or more, for you the submission by both can be ever since you conceived child you moved out of company of each other and from that cut out date the one year separation will start. After filling the petition for divorce by mutual consent, you have to wait for 6 months for finalisation of divorce from the court.

pankaj verma 05 January 2019

it is simple process ..do you want some alimony from your husband or not....it will take 2 or 3 months .....9816374011

Martin S. 05 January 2019

Originally posted by : san
	I woud like to seek divorce from my husband. It has been 1 year and 8 months since we are married. We are having heated arguments over issues which are irreconciable because of our differing perspectives. Both of us want to sepearate. We are having a 1 month old baby. I am concerned not only of the upbringing of my baby in such an environment, but also of the mental toll these fights and arguments are having on both of us. Is it necessary to live seperately for 1 year before filing for a divorce ? What should be my first step towards filing for a divorce. Please advise. Much Regards

You could adjust in bed and not outside of it? Because of your lust you spoiled a new borns life.You should cultivate the habit of forgive and forget if you want the good of the baby and continue with the marriage. If you opt for divorce, you will be spoiling your lives 1, 2, 3. Just think about what I have said. Divorce will lead to more problems and more problems for all of you, 1, 2, 3, 4 5 etc etc.

san (Team Lead) 05 January 2019

I appreciate all your quick replies. Thank you very much.

Ishan Goel (Advocate) 06 January 2019

as per law there is no specific provision of one year separation. but if you approach the court with a settlement agreement of all claims towards the wife and child with specific mention of visitation rights of child that means all aspects are covered then you can be granted first motion and after six months you can approach the court again for second motion. if, in case, you are not living separately for a year or more you may be sent to a family court counsellor for a session with the counsellor, after which you will again approach the court for your pending first motion proceedings.

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