Agreement: Both spouses must mutually agree to the divorce.
Marriage Duration: Both spouses must have completed at least 1 year of marriage.
Seperation Duration: Both spouses must have lived seperately for minimum 1 year.
Residency: At least one spouse should have resided in Court's Jurisdiction for six months prior to filing.
Marital Status: The marriage should be legally recognized under relevant personal laws.
Documentation:
Draft a joint petition that includes:
Full names and addresses of both parties.
Details of the marriage (date and place).
Reasons for seeking divorce.
Agreements regarding child custody, alimony, and division of assets, if any.
Family Court: File the joint petition at the Family Court.
Attendance: Both parties must attend the first motion hearing.
Court Review: The judge will review the petition and may record the statements of both parties.
Cooling-off Period: The court may suggest a cooling-off period of six months, allowing couples time to reconsider their decision.
Filing After Cooling-off: After the cooling-off period, both parties must file for the second motion.
Final Confirmation: Reappear in court to confirm that both parties wish to proceed with the divorce.
Agreement Revaluation: Present any updates or changes to previously agreed terms.
Final Assessment: The court will evaluate the mutual consent and the terms agreed upon.
Decree Issuance: If satisfied, the court will issue a decree of divorce.
Obtain a Copy: Ensure to get a certified copy of the divorce decree for legal purposes.
Updating Records: Update legal documents as needed (name changes, property titles, etc.).
Settlement Implementation: Address any financial settlements, alimony, or child custody arrangements in accordance with the court’s order.
Legal Assistance: While self-representation is possible, seeking legal counsel can help clarify legal nuances and ensure compliance with the law.
Counselling Services: Some courts may recommend counselling to ensure that both parties are making an informed decision.
Timeline: The entire process can take several months, depending on court schedules and any necessary hearings.
