Mutual consent divorce versus Contested divorce – Pros & Cons

Obtaining a divorce by means of mutual consent must be preferred over contested divorce, always. Getting a mutual consent divorce is simpler when compared to the process of a contested divorce. In addition to this, the former is quicker and less expensive than the latter option.

To get a mutual divorce in India, one can arrive at an agreement with their spouse; addressing differences related to child custody, maintenance, marital possessions, etc. Since the terms of agreement are mutually decided, the outcome is in the hands of both the spouses. Even the advocate fee is not too high as the lawyer is only required to prepare the paperwork and put general advocacy skills to use.

Contested divorces are more complicated in process. The pre-requisite for being granted divorce through this option is proving some form of wrongdoing on part of the other spouse. This is a tiring and time-consuming process since it requires evidence to be presented, and examination and cross-examination take several visits to the court. Naturally, the advocate fee is higher because an advocate’s involvement goes much beyond the paperwork. It also stalls the lives of the couple since litigation is a cumbersome process.

Hence, a mutual divorce is deemed much more suitable. It is suggested that you reach the terms of agreement before you file for divorce.