Do Lawyer Help Us To Reduce The Cooling Time?
Married couples who agree to divorce must submit a petition to the court through a divorce lawyer in accordance with Section 13B of the Hindu Marriage Act of 1955. A divorce must be amicably finalized by both parties in order to be deemed a consensual divorce. Mutual consent is an easy legal approach to dissolving a marriage.
The legal term for the duration is the “cooling period.” In order to determine settlement and cohabitation possibilities, there exists a cooling-off period of 6 to 18 months between the initial and final motion for divorce by consent, as per Section 13B (2) of the Hindu Marriage Act of 1955.
Why is Cooling Time Given in the Case of Divorce?
Before a divorce is officially finalized, the cooling-off period is observed. This time frame is provided so that both parties can reconsider their divorce-related actions. It offers them an opportunity to reconsider their marriage once more. However, this waiting period is optional and discretionary.
In the case of Amardeep Singh v. Harvenn Kaur, the couple experienced internal conflicts, and things deteriorated to the point that criminal actions were necessary. The couple decided to end their shared living arrangement. They already had agreements regarding alimony, child custody, maintenance, etc., and they did not want to be in a marital bond anymore. Hence, the Supreme Court ruled that postponing the divorce procedure would be detrimental to the parties, the cooling-off period was lifted, and the divorce was subsequently finalized.
Role of Lawyer to Help Reduce the Cooling-time
A competent divorce lawyer has experience with child custody, child support, and spousal support. They practice in the area of family law and help their clients with all forms of documentation pertaining to divorce, guardianship, adoption, and domestic violence and also help reduce the cooling time in the case of divorce.
Hence, there are various ways in which a lawyer can help reduce the cooling-off period in case of divorce. They are:
Make Parties Convince to Dissolve the Marriage- If the parties face internal difficulties such as violence, it is impossible for both husband and wife to live in a shared household together and there is no likelihood of success in that particular discretion. Therefore competent and experienced lawyers, in most cases, are hired to guide and convince their clients to get a divorce before the end of the cooling-off period.
Save from the Complex Process of Divorce- Experienced lawyers never want their clients to face difficulties in the process of legal proceedings. But the process of getting a divorce takes much longer than usual cases in court. Therefore to save them from going through the complex and cumbersome process of divorce, the lawyer can help reduce the cooling-off period among the parties concerned.
To Collect Strong Evidence of Conflict between Parties- Lawyers help collect the right proofs and evidence in connection with the circumstances of any case. Suppose there arises a conflict between both parties and the parties have failed to reunite with each other, the lawyer quickly seeks permission for the reduction of the cooling-off period as soon as possible by providing them with timely justice, i.e., by granting a mutual divorce.
Saves the Valuable Time of the Parties- Consensual divorce avoids unnecessary arguments and preserves a lot of time. Therefore looking into the circumstances of the case, the lawyers help in reducing the cooling-off period during the divorce process because the waiting just prolongs the agony of the parties concerned.
Helps in Protecting Financial Assets- Especially the experienced lawyers guide and assist in creating a plan for assets protection to suit their financial needs in case of consensual divorce. Therefore, they take the help of different tactics and strategies to reduce the cooling-off period during the divorce process.
You will need a well-experienced and competent divorce lawyer to carry out the procedure of divorce by reducing the cooling-off period smoothly and efficiently. If you want to file divorce cases in Noida, then Divorce Lawyers In Noida can be hired, and if you want to file divorce cases in Faridabad, then Divorce Lawyers In Faridabad can be hired. Likewise, Divorce Lawyers In Delhi can be hired if you want to file divorce-related cases in Delhi.
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Divorce Lawyers In Noida, Divorce Lawyers In Delhi, Divorce Lawyers In Faridabad
