Mutual Consent Divorce in India: Complete Process, Documents, and Timeline

Mutual consent divorce is the simplest and fastest way to legally end a marriage in India when both spouses agree to separate amicably. It reduces […]

Mutual consent divorce is the simplest and fastest way to legally end a marriage in India when both spouses agree to separate amicably. It reduces emotional stress, litigation cost, and time spent in court.

What Is Mutual Consent Divorce?

Mutual consent divorce is governed by:

  • Section 13B of the Hindu Marriage Act
  • Section 28 of the Special Marriage Act

It allows both husband and wife to jointly seek divorce without blaming each other.

Conditions for Mutual Consent Divorce

To file for mutual consent divorce:

  • Both parties must agree to divorce
  • Marriage should have lasted at least one year
  • Parties must be living separately
  • No possibility of reconciliation

Courts verify free consent before granting divorce.

Step-by-Step Legal Process

The procedure generally includes:

  1. Filing joint divorce petition
  2. First motion statement before Family Court
  3. Cooling-off period of six months (can be waived)
  4. Second motion hearing
  5. Final divorce decree

Courts may waive the cooling-off period in genuine cases.

Documents Required

Common documents include:

  • Marriage certificate
  • Address proof of both spouses
  • Income proof
  • Settlement agreement
  • Photographs

Proper documentation avoids delays.

Timeline for Mutual Consent Divorce

The timeline varies:

  • With cooling-off: 6–18 months
  • Without cooling-off: 2–4 months

Court workload and cooperation impact duration.

Issues Settled in Mutual Consent Divorce

Parties must mutually settle:

  • Alimony or maintenance
  • Child custody and visitation
  • Property division
  • Stridhan

Clear settlement avoids future disputes.

Role of Online Legal Consultation

Online divorce lawyers help draft petitions, settlement terms, and guide clients without repeated court visits.

Conclusion

Mutual consent divorce offers dignity and closure. Legal clarity and cooperation ensure a smooth separation process.