Mutual Divorce Top 10 Myths Busted

Note: This Post is written with Google’s AI Overview.

Mutual divorce myths often involve misconceptions about fault, duration, finances, and custody; key truths are that fault isn’t always needed (especially in mutual consent), it can be quicker than contested divorce (though a 6-month cooling period often exists), finances and custody aren’t automatically 50/50 or mother-biased but based on agreement/welfare, and you can often withdraw the petition, with remarriage possible after a short period. Understanding these facts prevents unnecessary stress and costs, highlighting that mutual consent is about agreement, not fault. [1, 2, 3, 4, 5]

Top 10 Mutual Divorce Myths Busted

Myth: You need to prove fault (adultery, abuse, etc.)
- Fact: Mutual consent divorce (Section 13B, HMA in India) doesn’t require proving fault; it’s based on “irretrievable breakdown” or mutual agreement, making it quicker than contested cases.
Myth: It takes years to finalize.
- Fact: While it’s not instant, mutual consent divorce can often be completed in months (e.g., after the cooling-off period), much faster than a fault-based divorce.
Myth: You must wait one year to file.
- Fact: A one-year separation is often required before filing the first motion, but it’s a statutory requirement, not a barrier if conditions are met.
Myth: The 6-month cooling-off period (second motion) can’t be waived.
- Fact: In exceptional circumstances or with mutual consent and strong reasons, courts might waive the waiting period between the first and second motions.
Myth: Mothers always get child custody.
- Fact: Child welfare is the deciding factor, not gender; courts consider the child’s best interests, and fathers can and do get custody.
Myth: Assets are automatically split 50/50.
- Fact: Property division depends on ownership, contributions, and agreements; it’s not a fixed ratio, requiring specific legal arrangements.
Myth: You can’t withdraw the petition.
- Fact: Either party can withdraw the petition anytime before the final decree, especially if reconciliation occurs.
Myth: You don’t need lawyers.
- Fact: While some parts are paperwork, legal advice ensures financial settlements are final and enforceable, preventing future claims.
Myth: Divorce destroys your reputation.
- Fact: Society’s views are changing; focusing on a peaceful, amicable separation can minimize social stigma, and divorce doesn’t equate to personal failure.
Myth: Remarriage is immediately possible.
- Fact: Remarriage is generally possible only after the decree is final and the appeal period (often 30 days) ends, ensuring no challenges. [1, 2, 3, 4, 5, 6, 7, 8]