Navigating the legal process
The experience of transitioning away from a marital relationship can be emotionally draining. Handling the legal procedure doesn’t have to be.
At My Divorce Guide, we aim to connect you with the right legal professional who is best suited to your case. Connecting with a lawyer who aligns with your personality and expectations can significantly reduce stress. We want to help you find someone you not only respect professionally but also feel comfortable working closely with.
Our legal experts
Anubha Rastogi
Not sure which expert is best suited to your situation? Speak to us, and we’ll help you understand your options before you speak to a lawyer.
FAQs
What is divorce with mutual consent?
Mutual consent divorce is when both parties, i.e, the husband and wife, consent to the idea of divorce itself and agree on the terms of the divorce as well.
These terms can be:
about how assets can be distributed.
about the valuables that need to be exchanged.
about the rights with respect to the children – the visitation, the custody, and who has to take care of the educational expenses, etc.
Where can a divorce case be filed?
Every case falls under a particular jurisdiction, which decides where it can be filed –
Where the marriage has been solemnized.
If the marriage has been performed in Mumbai, a case can be filed in Mumbai.
Where the parties have last lived together as a married couple.
If the married couple has last lived together in Bangalore, they can file it in Bangalore – either of them can choose Bangalore as a jurisdiction.
When the places of residence for the parties are different –
In a case where the male petitioner lives in Bangalore but the wife is in Chennai, he can choose to file it in Chennai. The same thing applies to a woman petitioner – if she is in Chennai and he is in Bangalore, she can file it in Bangalore.
There is one particular condition that is applicable only to the woman – she gets to choose where to file the case based on her current place of residence. So let’s say that –
The marriage was performed in Mumbai
The couple last lived together in Bangalore
The husband is living in Chennai
The wife has moved to Kolkata and is currently residing there.She can choose to file in Kolkata.
This privilege is not given to the husband. It’s only available to the wife – she can file it in a place of her residence.
How long does it take to get divorced?
Typically, a mutual consent petition can go through in the court from anywhere between 8 months (approx.) to even 15 days. Earlier, there was a waiting period of at least 6 months after filing the petition. But the Supreme Court has now given family courts the power to waive this 6-month waiting period. This typically happens if both parties have lived separately for 18 months or more.
For contested cases, however, the average course of a case in Indian family courts is roughly 4 years.
How is alimony calculated? Does the wife get 50% of everything?
Alimony—the financial support one spouse provides to the other after divorce—is a complex, evolving aspect of Indian family law.
It is important to understand that alimony is not a one-size-fits-all figure—it is decided on a case-by-case basis. Courts evaluate various factors, including:
The lifestyle and standard of living enjoyed during marriage
The paying spouse’s income, assets, and true earning capacity (not just current salary)
The financial needs and independence of the receiving spouse
Inflation and rising costs of living
Recent judgments also clarified that remarriage or new family responsibilities of the paying spouse do not reduce alimony obligations to the first spouse.
For those navigating divorce and alimony, thorough preparation is key. Documenting your marital lifestyle and financial history can significantly impact the court’s decision, helping to achieve a fair settlement that protects your dignity and future.
We have covered a detailed overview of the calculation here.
Can alimony be given to the husband?
In the Indian context it is largely women who claim alimony. However, there are some cases where the husbands have been granted alimony.
There are some very exceptional cases where the husbands had given up their job for their wives – and probably couldn’t make as much as their wives in the long run. There are cases like these where the courts have recognised the husbands’ sacrifice for the marriage and granted them some amount of alimony.
There are also cases where men had to show that they have been incapacitated from earning a living. It could be that they are bedridden now; maybe they have fallen sick and were unable to earn a living thereafter. However, during the course of marriage they had contributed and thus, now it’s the wife’s turn to support them.
Even though these are very exceptional cases, often men claim alimony from their wives by virtue of having lost their jobs. This is not encouraged by the court usually because losing a job is temporary. If someone has been working say for 10-15 years and have lost their job for the last 6 months, it’s not too difficult for them to get back to work. The court majorly looks at whether one is employable – not whether one is currently employed.
If the wife is financially independent does she still get alimony?
The wife could be drawing a salary, but to determine if that qualifies as their financial independence, the court digs deeper into the facts of their case.
The income and liabilities of both parties, the custody of children, etc., play a pivotal role in determining if alimony should be given. For a detailed understanding of alimony calculation, please refer to this article.
In a mutual consent divorce, can you ask for alimony?
Yes, alimony can be a part of a mutual consent divorce as well.
Not sure which situation applies to you? Speak to us and we’ll help you understand your options before you speak to a lawyer.