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Yes, mutual consent divorce requires both spouses to agree. The conditions include:
Though a party can do without a lawyer in Family Courts, it is always advisable to have an experienced advocate for divorce by your side to suggest and explain the approach to follow before the Court. Legal matters are complex and parties do not realise when they may permanently close their chances of a legal remedy just by being a bit casual or ignorant in the Court.
When you know that your marriage has reached its terminal or dead end, it is always wise to explore the legal options. You need the Court’s permission to end your marriage, and the marriage persists unless a divorce decree is passed. To get a divorce, you need an advocate who can guide you for the available legal remedies and for representation before the Court. There are times when the parties directly discussing matters of settlement amount and other aspects end up with a fight or serious arguments. In such cases, it is better for parties to stay backstage while their lawyers amicably explore the best options for you while you still remain the deciding parties, so that bad blood among parties is taken care of by skilled matrimonial lawyers.
If you need an advocate for divorce in India, you need to discuss your case with them and assess their approach in your case. A divorce lawyer’s expertise reflects in his/her demeanor and problem solving skills. When it comes to legal matters, no lawyer can assure your victory, but they should share about how they will try to convince the Court to decide in your favour in a divorce case. In case of mutual divorce wherein parties have already discussed their terms, matters may not take much time. If your spouse is ready for a mutual consent divorce, but there is no agreement on a child born out of wedlock, then you may also need to hire a Lawyer for child custody, who should in all cases attempt at upholding the interests of the child.
Yes, you need to prove the reasons for why you think your marriage is not workable and needs to end with a divorce. When both husband and wife seek divorce, things are not so complicated and mutual divorce is granted by the Court. However, if it is contested divorce when one party wants divorce while the other wishes to continue their marriage, divorce lawyers have a lot to prove before the Court. An advocate for divorce in India has to prove one or more grounds for divorce to get a favourable order in favour of their clients.
