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IHello everyone,
I’m applying for a mutual divorce after 10 years of marriage. I currently live in Germany, while my spouse is in Bangalore, where we were registered. We have a mutual lawyer, but I’m facing several challenges in the process:
1. I initially requested my lawyer to communicate with my in-laws on my behalf, but he refused, saying they would perceive him as biased. So, I had to handle it myself.
2. Since I reside in Germany, I executed a General Power of Attorney (GPA) in my brother’s name and had it attested at the Indian Embassy.
3. At the first hearing, the judge insisted on a Vakalatnama from me and refused to accept the GPA for that purpose.
4. My lawyer advised me to email a scanned copy of the Vakalatnama, but the judge rejected it. Instead, she demanded that I sign, notarize, and apostille all divorce documents (application, petition, affidavits, etc.) in Germany.
5. I contacted multiple firms in Germany, and while one agreed to notarize the documents, they informed me that apostilling Indian legal documents is not possible under German law, making it invalid.
6. I asked my lawyer if the apostille was mandatory, and he confirmed that the judge is strict and insists on it.
7. This leaves me with no option but to travel to India, which is extremely inconvenient due to my studies and mental health. I have already delayed my master’s program because of this situation.
8. My lawyer did not inform me about hearing date changes and seems to be prioritizing my in-laws’ side, despite representing both of us.
I need advice on the following:
1.Is there any way to bypass the apostille requirement from Germany?
2.Can I appoint a new lawyer in India who is more transparent and supportive?
3. Are there alternative legal solutions that allow me to proceed without traveling to India?Any guidance or suggestions would be greatly appreciated!
Thank you.
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CYou have a lot on your plate.
Assuming you and your spouse are Hindu, and that consent terms are already in place a mutual divorce should not take more than 6-8 months, if you apply and get the waiver of the mandatory 6-month cooling period then it can be reduced to 2-3 months max with 3-4 hearings.
I would advise you to consult a few local lawyers in bengaluru, ask them if you can appear through Video Conference after the filing is done and how they can help with filing of this. You will have to come down to India atleast once, because the Family Courts Act does not permit you to be represented by a lawyer as a matter of right, you must apply for legal assistance, your application will be allowed and then your lawyer can appear for you.
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P1. If the Judge has once insisted upon apostille, you may have to do so. But find out the reason behind it. Because you have common lawyer (it’s ok t have a common lawyer), there could be (chances of) some kind of pressurization from the other party too.
2. You can hire your own lawyer, so that your interests are taken care of. Contact us as we are based in Bangalore [https://g.co/kgs/JWcv39A](https://g.co/kgs/JWcv39A)
3. To answer this, we may need more information about your case. Generally, power of attorney should work. But if you have some kind of impediments, you may have to come down. But if everything is prepared prior to your arrival, it is just a matter of few days. Talk to us to understand better.
The procedure for Mutual Consent Divorce is as follows: [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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AI’m sorry you’re facing these challenges just to get a simple mutual divorce. Well, it’s crucial to hire an advocate well versed in NRI and foreign national legal procedures before engaging legal representation in India. Since Germany does not recognize India under the Hague Apostille Convention for this purpose, you must follow the proper legalization process:
1. Sign the divorce documents (Vakalatnama, petition, affidavits, etc.) in Germany.
2. Notarize them with a German notary. If required by the Indian court, you may also get them attested by the District Court in Germany (though this is rare).
3. Legalize the documents at the Indian Embassy or Consulate in Germany (Berlin, Frankfurt, etc.).
4. Send the legalized documents to your lawyer in India for filing.
Additionally when choosing an advocate, transparency and responsiveness are key. A competent advocate should address your queries, proactively guide you through the legal process, and ensure procedural compliance. If finding a knowledgeable local advocate is challenging, consider engaging a law firm that can assist in proper filing and adherence to Indian legal procedures. Wishing you the best in resolving this matter smoothly.
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