What is the procedure for obtaining divorce by mutual consent?

The procedure for obtaining divorce that is mutually consented is:

  • Petition to be filed under respective act or law (S/13b for Hindu Marriage Act etc.) in the Court of competent jurisdiction.

  • Petition to be filed mutually in the Court with the intention to obtain divorce at any time after one year from the date of marriage.

  • Both the parties need to prove that they have been living separately for a period of one year or more before the presentation of such petition.

  • The three conditions should be satisfied before moving the petition.

  • The petition is filed in the way of an affidavit stating the mutual consent as to dissolution of marriage and other agreed clauses regarding child custody, maintenance and alimony

  • Statements of both the parties are thereafter recorded.

  • A cooling period of minimum 6 months and maximum 18 months is provided to the husband and wife if they wish to change their mind and reconcile.

  • During the cooling period, either of the party has the right to withdraw the petition. If withdrawn, no decree of divorce is passed.

  • If such petition is not withdrawn, the parties are summoned at a fixed date, where they consent and confirm the intention to separate or divorce.

  • Decree of divorce is granted by the Court.


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