Mutual Consent Divorce Petition
In mutual consent divorce petition, a joint petition is filed at the District Court. It states all the terms and conditions regarding agreement between spouses. This statement is recorded by the Court as legal evidence is visible to the public. The court calls the spouses after six months to get their statement recorded. Once the statements are recorded, the judge signs the final decree stating that spouses are divorced.
You must fulfill the following conditions, before you decide to file for mutual consent divorce petition.
- The marriage should be registered under the Act or a law providing for traditional way for marriage.
- Both the spouses must be residing in the state or county’s court when either of you decide to file the petition for divorce.
- You and your spouse must be married for at least two years or more. The court will not accept your case if you file for divorce within 6 months after marriage. You may apply to the Court during such situation only if you have a certain reason for it.
- You have to show in your petition that your marriage was broken due to irreconcilable differences, or other fault grounds like adultery, cruelty, impotency, imprisonment or drug addiction.
The consent petition varies as per the laws of the state; you can consult your lawyer or the county’s clerk to get the information of the petition costs and rules for filing. The format of mutual consent divorce petition is given below.
As stated in the Section, Petition to Divorce is not required.
[Caption, Introduction, see Captions, Prayers, Etc.]
We, (Husband name), and (wife name) make the following statements:
- We both are requesting to dissolve our marriage.
- Husband is residing in the County of State of and has been a resident of the state from (Date). Wife is a residing in County, State of , and has been a resident from (Date).
- We got married on [date] in the City , County of , State or Country of .
- Our marriage is ________(no fault ground or permanent differences).
- We have no minor or dependent children.
- We have a marital settlement agreement ready with us on issues of property division. We both agree on the settlement mentioned in the agreement. The agreement was signed freely by both of us, and we intend to follow the agreement.
- If applicable: Wife can keep her former name after divorce.
- We both certify that we have not been pressured into for applying to this request. We both understand that the result of signing the request can be an end of our marriage with no further issues.
- We both will appear before the judge to solve the matters contained in this request.
- We can use the legal rights against one another rising in the marriage and that by signing this request, we may be giving up those rights.
- Neither of us is a member of the military.
- We request the court to dissolve our marriage and put into affect our marital settlement agreement.
Signature and verification code
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