Can a Indian stay with her husband during divorce trials, if the divorce is by mutual consent?

Yes.

Mutual Consent Divorce :

It is the most convenient way of getting a divorce where the couple ends their marriage without getting into a conflict with each other.

However, the one and only condition that a couple has to satisfy before applying for a mutual consent divorce is that they have lived separately for a period of at least 1 year. Moreover, it is important to note that the couple may have lived together under the same house, however not as husband and wife, i.e. the husband and wife have been living in different rooms or have reserved themselves from participating in sex with each other, etc.

Moreover, in a mutual consent divorce, the couple needs to decide on the terms of the divorce prior to getting a divorce. For instance- issues like custody of children, alimony, maintenance, division of assets, etc. which commonly create a dispute between the couple, are settled in advance by the couple in case of a divorce with mutual consent.

Documents required in Mutual Consent Divorce

  • Address proof of husband and wife
  • Marriage certificate
  • 4 passport size photographs of the marriage of the couple
  • Evidence proving spouses have been living separately for more than 1 year
  • Evidence relating to the failed attempts of reconciliation
  • Income tax statements of the couple for the last 3 years
  • Details of profession and present remuneration of the couple
  • Information relating to family background of the couple
  • Details of properties and other assets owned by the couple.

Connect with an expert professional from LawInsta and get instance guidance about the process of Mutual Consent Divorce.


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