Is 1 year separation mandatory for divorce?

Dear Madam, For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.

Can I divorce my wife within 1 year?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

Can I file for divorce after 1 month of marriage India?

Divorce can only be filed after 1 year of marriage and if a mutual consent divorce is filed then there will be a 6 month cooling off period and then only the divorce will be filed.

Can you get divorced after 9 months?

This is a mandatory waiting period required by California law and no couple can be divorced faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.

What is the separation period for divorce in India?

one year
The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.

Can I file divorce online in India?

Procedure for divorce in India can be initiated by a husband and wife jointly (Mutual Consent Divorce), or by either of them without the approval of the other spouse (Contested Divorce). With the new divorce law the parties can also apply for divorce online. …

How long does a divorce take in India?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

How much separation is required before divorce in India?

As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years.

Is it compulsory to show one year separation before divorce?

One year separation is compulsory. U can show one year separation to the court and file divorce. For any legal help call me As per law for filing mutual divorce ur marriage period should be one year completion .., in.ur case u completed ur marriage is 10 yrs ..so u can go for mutual petition….

Do I need a lawyer to get a divorce in India?

However, is always advisable to apply for divorce in India through a lawyer even in case of an uncontested divorce. If the legal procedure for divorce in India is not handled properly, problems can arise later. For a contested divorce in India, you must file a divorce petition in court with the help of a lawyer.

What are the documents required for divorce in India?

Here are the documents for divorce in India that both parties need to submit: Proof of residence Marriage certificate or photograph of the marriage ceremony, wedding card. ID Proof (Passport, Voter’s Card, Ration card, Aadhar Card) Passport size photographs Signed joint statement on the first date