Step-by-Step Guide to Filing Mutual Divorce in India
Divorce is never easy, but when both spouses agree that separation is the best option, a mutual divorce offers a smoother and faster legal process. Here’s a simple step-by-step guide to filing mutual divorce in India.
Step 1: Eligibility Check
- Both parties must have lived separately for at least 1 year.
- Both must agree to dissolve the marriage voluntarily.
Step 2: Drafting the Joint Petition
A joint petition is prepared stating:
- Reason for divorce (mutual consent, incompatibility, etc.)
- Agreement on child custody, maintenance, and property settlement.
Step 3: Filing in Family Court
The petition is filed in the Family Court where:
- Marriage was registered, or
- Couple last resided together, or
- The wife is currently residing.
Step 4: First Motion Hearing
- Both spouses record their statements before the judge
- The court admits the petition
Step 5: Cooling-Off Period
- A 6-month waiting period is given for reconciliation
- In special cases, courts may waive off this period
Step 6: Second Motion Hearing
- If no reconciliation happens, both appear again
- Court verifies consent and terms of settlement.
Step 7: Decree of Divorce
- Court grants a final divorce decree dissolving the marriage
Time Taken : Usually 6 months.
Advantage : Peaceful, less expensive, and time-saving