Which Type Of Documents Are Required To Process The Mutual Divorce

Leadindia1
4 min readMay 1, 2023

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Failure and mutual divorce are synonymous terms. It is a decision taken in the path of growth and self-realization, not a sign of failure. In India, divorce has traditionally been stigmatized, but as rates of literacy increase, this stigma is increasingly eroding.

Even today, one person might not be able to handle the emotional toll of a divorce on their own. If you want to acquire a divorce with the least amount of psychological suffering, it’s better to file for a divorce through mutual consent.

Documents Required Processing the Mutual Divorce

In India, two married persons can end their union amicably through the legal process of mutual divorce. This process entails numerous phases, and you’ll need a few crucial papers to get started.

  • Residential Proof of the Husband and Wife and the Report of Credit

A passport or any identification card serving as evidence of address is required for both you and your spouse. Make sure it’s current because this will prove you are who you think you are.

You’ll then need to provide your credit report if either of you has any unpaid debts or additional financial obligations that must be handled throughout the divorce proceedings. If either of you is experiencing any unpaid obligations, it must be settled before the divorce gets finalized. Your credit report will include the information.

  • Details on the Petitioner’s Professional Background and Current Compensation

A pay slip serves as evidence of both your and your spouse’s income. Additionally, it demonstrates how long and the amount you have worked to acquire. Additionally, it will assist you in determining the amount of maintenance paid to your husband during the divorce process.

A letter of appointment serves as further evidence of employment. It will be challenging to demonstrate that you can afford the maintenance payment that will be made to your spouse during the divorce process if you don’t have any proof of employment.

  • Returns of Income Tax from Last Three Years

You must give your spouse the last three years’ worth of financial records and proof of income when you file for divorce. You will be able to demonstrate that you were actually paying taxes on all profits produced during that time period if you use the income tax statement paperwork for the mutual divorce process in India.

Let’s say the judge is blind to these records. Because they won’t know whether you were contributing to the social security system or other benefit programmes like medical insurance plans or retirement plans, they might not be able to grant your spouse a fair portion of the assets in that situation.

  • Certificate of Marriage

A marriage certificate is required if you’re married because it serves as the only official documentation of your union. No other document will be recognized by the court as marriage proof. You can either obtain one through the office of your city or district or, by paying the government some money, obtain one online.

  • Certificates Attesting to the Separation of Spouses for over a Year

Until a mutual divorce can be granted, the law needs evidence that the couple has been living apart for more than a year. These records consist of-

  1. Statements on the decision to dissolve the marriage from each partner
  2. A divorce decree claiming they have lived separated for more than a year
  3. An affidavit attesting to their separation since the separation agreement’s effective date
  • Certificates Attesting to Vague Reconciliation Attempts

Evidence is required because it enables the court to determine whether or not either spouse made an effort for reconciliation with their partner. This is required because if both couples initially decided to split but then changed their minds, they cannot obtain a divorce unless they can demonstrate that both the husband and woman made an effort to mend the relationship.

You must get assistance from an expert lawyer who can walk you through each stage if you want to file for divorce based on mutual consent. If you need the help of a lawyer to help you with your mutual divorce process in Bilaspur.

Then a Divorce lawyer in Bilaspur can be hired, and if you need the help of a lawyer to help you with your mutual divorce process in Mumbai, then a Divorce lawyer in Mumbai can be hired. Similarly, a Divorce lawyer in Delhi can be hired if you need the assistance of a lawyer with your mutual divorce procedure in Delhi.

At Lead India, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.

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Divorce lawyer in Delhi, Divorce lawyer in Bilaspur, Divorce lawyer in Mumbai

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