Divorce by mutual consent is the fastest and least stressful way to end a marriage in India when both spouses agree. It is governed by the Hindu Marriage Act and other personal laws.
What Is Mutual Consent Divorce?
Mutual consent divorce allows both spouses to jointly file a petition stating that they have mutually agreed to dissolve the marriage due to irreconcilable differences.
Eligibility for Mutual Consent Divorce
Conditions include:
- Marriage duration of at least one year
- Mutual agreement to separate
- Inability to live together
- Settlement of alimony, custody, and property
All issues must be resolved beforehand.
Legal Procedure for Mutual Consent Divorce
The process involves:
- Filing first motion petition
- Recording statements before court
- Six-month cooling-off period (can be waived)
- Filing second motion
- Final divorce decree
Courts may waive waiting period in suitable cases.
Documents Required
Common documents include:
- Marriage certificate
- Address proof
- Income details
- Settlement agreement
- Photographs
Proper documentation avoids delays.
Timeline for Mutual Consent Divorce
With waiver, divorce can be completed in 2–3 months. Without waiver, it may take 6–18 months depending on court workload.
Cost of Mutual Consent Divorce
Costs depend on lawyer fees, court fees, and complexity of settlement. Online consultations often reduce expenses.
Online Legal Advice for Divorce
Online divorce lawyers help draft petitions, negotiate settlements, and guide couples through the process smoothly.
Conclusion
Mutual consent divorce is legally efficient and emotionally less draining. Proper legal guidance ensures quick and peaceful resolution.