Marriage is said to be the strongest bond that keeps a couple committed and devoted to each other in a marriage. Many times due to several unfortunate scenarios when a marriage doesn’t seem to be working well, it’s better for the spouses to get separated. In India, the law provides two days ways to get divorced
- ‘ Mutual consent’
- ‘Contested’ divorce’
Key Differences Between ‘Mutual Consent’ And ‘Contested’ Divorce
Mutual Consent Divorce:
In this type of divorce, both the partners mutually decide to end their marriage without having the need to fight for proving their sides and getting something in court. This type of divorce is also said to be uncontested divorce as the husband and the wife jointly decide about all the terms of the divorce and related formalities like children’s custody, alimony/ maintenance, and division of movable and immovable property.
Contested Divorce:
In this kind of divorce, one side wants to file for the divorce but the other side does not consent to this divorce. As is very clear from the name itself, one party has to contest the divorce in the court against the other party.
Court Proceedings :
The divorce proceedings in a mutual consent divorce Include –
- Filing a divorce petition (First motion)
- Cooling off period
- Filing Second Motion
- Divorce Decree
The divorce proceeding in a contested divorce Include –
- Filing divorce petition
- Court notice to the other party
- Statement recording
- Examination and cross-examination of evidence and witness
- Divorce decree
Grounds For Divorce:
For mutual consent divorce, there is no necessity of presenting a ground other than the relationship between the spouses being strained beyond repair and hence the need to put an end to their marriage and endless suffering. Whereas in case of a contested divorce in India, there can be several grounds like mental cruelty, adultery, physical cruelty, mental illness, renunciation of the world, conversion of religion, venereal disease of communicable form, the spouse not being alive for more than 7 years, etc. Any of these grounds apart from any other suitable ground need to be included in the divorce petition on the basis of which the divorce is contested by one spouse against the other.
Cooling Off Period:
The couple gets a cooling-off period of 6 months to need to be included in the divorce petition on the basis of which the divorce is contested by one spouse against the other.
Cooling Off Period:
The couple gets a cooling-off period of 6 months to reconsider their decision of ending their marriage and reconcile in case of mutual divorce in India. In the case of a contested divorce, there is no such concept of a cooling-off period.
Time Frame of the entire legal proceeding for divorce:
Usually, in the case of a mutual consent divorce, the divorce decree is granted in the duration of 8 to 10 months whereas, in the case of a contested divorce, the entire procedure can take a much longer duration.
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