Mutual consent divorce is the fastest and least stressful way to legally end a marriage in India. When both spouses agree that the marriage cannot continue, the law allows them to separate amicably through a simplified court process. This guide explains mutual consent divorce in India, including the complete divorce documents checklist, timeline, costs, and how an online lawyer for divorce can help you move forward smoothly.
What Is Mutual Consent Divorce?
Mutual consent divorce is a legal process where both husband and wife jointly agree to dissolve their marriage. It is governed by:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
The key requirement is that both parties mutually agree on divorce, alimony, child custody, and asset settlement.
Eligibility for Mutual Consent Divorce
You can file for mutual consent divorce in India if:
Both spouses have been living separately for at least one year
Both agree that the marriage has irretrievably broken down
There is mutual agreement on financial settlement and custody (if applicable)
Step-by-Step Mutual Consent Divorce Process
Step 1: Consult a Divorce Lawyer
A lawyer explains eligibility, documents, and whether your case qualifies. Many couples opt for an online lawyer for divorce for privacy and convenience.
Step 2: Draft and File the Joint Petition
Both spouses jointly file the divorce petition in the family court.
Step 3: First Motion Hearing
The court records statements of both parties and verifies consent.
Step 4: Cooling-Off Period
A six-month cooling-off period is generally provided. Courts may waive it in genuine cases.
Step 5: Second Motion and Final Decree
After confirmation of consent, the court grants the divorce decree.
Divorce Documents Checklist (Mutual Consent)
Essential documents include:
Marriage certificate
Address proof of both spouses
Identity proof (Aadhaar, PAN, Passport)
Passport-size photographs
Proof of separation period
Income proof (salary slips, IT returns)
Settlement agreement (alimony, custody, assets)
Having a proper divorce documents checklist avoids delays and repeated court visits.
Timeline for Mutual Consent Divorce in India
Standard timeline: 6–18 months
With cooling-off waiver: 2–6 months
Timelines depend on court workload and document completeness.
Cost of Mutual Consent Divorce
The cost varies based on:
Lawyer’s experience
City and court jurisdiction
Complexity of settlement
On average, mutual consent divorce costs range between ₹15,000 to ₹50,000. Online legal consultation can significantly reduce initial expenses.
Benefits of Mutual Consent Divorce
Faster resolution
Lower emotional stress
Reduced legal costs
Confidential and amicable process
Conclusion
Mutual consent divorce in India offers a dignified and efficient way to end a marriage when both parties agree. With the right documents, legal guidance, and timely action, the process can be completed smoothly.
Planning a mutual consent divorce?
Speak to an experienced online lawyer for divorce at Online Legal Advisor and take the next step with clarity and confidence.