In Kerala, the fastest way to get a divorce is by mutual consent. In a mutual divorce, both parties agree to end the marriage and have mutually agreed upon terms for the division of property, alimony, and child custody (if applicable). This process is generally faster than a contested divorce, which can take several years to resolve.
The timeline for a mutual divorce can vary depending on the complexity of the case and the court's workload. However, if all the required documents and agreements are in order, a mutual divorce can be granted within six months of filing the petition.
To ensure a smooth and fast divorce process, it's advisable to hire an experienced lawyer who specializes in family law. They can guide you through the legal process and help you negotiate terms that are fair and equitable to both parties.
It's important to note that a mutual divorce can only be granted if both parties are in agreement on all terms. If there is any disagreement on any issue, the divorce will be considered contested, and the process can take longer.
What is Cooling period in mutual divorce in Kerala
What is the fastest way to get divorce in Kerala?
In India, the cooling-off period is a mandatory waiting period between the first and second motion of divorce in a mutual divorce petition. During this period, the couple is given time to reconsider their decision and explore the possibility of reconciliation.
The cooling-off period was introduced in 1976 by the Hindu Marriage Act and has since been adopted by other personal laws. The period is intended to provide a chance for couples to work out their differences and save their marriage, rather than rushing into a divorce without considering the consequences.
The length of the cooling-off period is six months, and it begins after the first motion for divorce is filed. After the cooling-off period is over, the couple must file a second motion for divorce, and if the court is satisfied that the parties have mutually agreed to end the marriage, a decree of divorce will be granted.
It's important to note that the cooling-off period applies only to mutual divorce petitions and not to contested divorce cases, where the court may take a longer time to resolve the issues. The purpose of the cooling-off period is to ensure that couples have thought through their decision to end their marriage and have explored all options before proceeding with a divorce.
Can I waive the cooling period?
In India, the cooling-off period is mandatory for all mutual divorce petitions, and both parties must wait for six months after filing the first motion of divorce before proceeding with the second motion. This waiting period is intended to give the parties time to reconsider their decision and work towards reconciliation.
However, in certain situations, the parties may wish to waive the cooling-off period and proceed with the divorce immediately. In such cases, the parties can file a joint petition in the family court requesting a waiver of the cooling-off period.
The court may grant a waiver of the cooling-off period in the following situations:
If the parties have been living separately for a considerable period, and there is no chance of reconciliation.
If the marriage has broken down irretrievably, and further delay would only prolong the agony of the parties.
If the parties are in agreement about the waiver of the cooling-off period.
It's important to note that the court may not always grant a waiver of the cooling-off period, and it's up to the discretion of the judge to decide. It's advisable to consult a lawyer who specializes in family law for guidance on how to file a joint petition for waiver of the cooling-off period and the likelihood of the court granting the waiver based on the specifics of your case.
