1. Home
  2. Mutual Divorce

What is Mutual Divorce?

Mutual divorce, as the name implies, is when both parties wish to separate amicably. The conditions required under section 13B of the Hindu Marriage Act are that the husband and wife should be living separately for a period of one year or longer, that they are unable to live together, and that both husband and wife have mutually agreed that the marriage has totally collapsed.

A Divorce with Mutual Consent is a relatively swift process in court; however, divorce may not be granted instantly. After filing for divorce, the court may ask the couple to reconcile their differences over six months and make the marriage work. Depending on the circumstances, this period may be reduced. If either party is overseas, the proceedings may be completed using video-conferencing software as well.

Procedure for Mutual Divorce

FILING A PETITION

We will connect you to lawyers, who will file a petition in court containing a joint statement by both parties that, due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court.

SECOND MOTION PETITION

After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they must re-appear in court.

DIVORCE DECREE

After hearing from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree.

All the fields are monidatory.

Registration Process

Online Registration

Documents required for Mutual Divorce

  • Address proof of husband/wife
  • Marriage certificate
  • Four passport size photographs of marriage of husband and wife
  • Evidence proving spouses are living separately since more than a year
  • Evidence relating to the failed attempts of reconciliation
  • Income tax statements of the spouse for the last three years
  • Details of profession and present remuneration of the spouse

Why Legal Registration?

  • 50 VERIFIED VENDORS

    We've tied-up with some of the best vendors in major cities of the country to get you your Professional Tax Registration. We've completed 500+ registrations in the past 12 months.

  • 9.1 CUSTOMER SCORE

    We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.

  • 160 STRONG TEAM

    Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.

FAQs on Mutual Divorce

Procedure to be followed for a Mutual Divorce.
  • Step 1: Petition to file for divorce.
  • Step 2: Appearing before Court and inspection of the petition.
  • Step 3: Passing orders for a recording of statements on oath.
  • Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.

six months - As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition. Spouses should talk to each other about future course.

The Hindu Marriage Act, allows for a divorce by mutual consent under section 13-B. A couple can be granted a divorce if, they end the marriage by presenting a joint petition stating that they have been living separately for at least a year and have mutually agreed to dissolve the marriage.

Under the Hindu Marriage Act, a mutual divorce petition can only be filed after at least one year has passed from the date of marriage. However, this condition is generally ignored by the court in case of contested divorce if the marriage is bringing hardship on a person.

The truth is that if one person wants a divorce, it can happen. The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.

Testimonial

What We Client Says
Call Now