Key Steps to File Mutual Divorce / Mutual Divorce Process
Eligibility for Mutual Divorce / Mutual Consent Divorce
The couple must be living separately for at least 1 year before filing.
Both parties must mutually consent to the divorce / Mutual Divorce.
All disputes (maintenance, custody, property) must be settled amicably.
Drafting the Mutual Divorce Petition /Mutual Consent Divorce
Hire a lawyer to draft the Mutual Divorce Petition under Mutual Divorce Section 13B.
Include terms like alimony, child custody (if applicable), and division of assets.
Both spouses must sign the petition of Mutual Divorce.
First Motion Hearing of Mutual Divorce /Mutual Consent Divorce
The court reviews the petition and records statements from both parties for Mutual Divorce.
A 6-month cooling-off period is mandatory to allow reconciliation and after the judgement of Supreme Court of India ( Amardeep Singh vs Harveen Kaur on 12 September, 2017) in Mutual Divorce in Delhi.But Supreme Court Judgement allow to waive-off the cooling period
Second Motion Hearing of Mutual Divorce/ Mutual Consent Divorce
After 6 months (minimum), both spouses reappear to confirm their consent for Mutual Divorce in Delhi.
The court grants the Divorce Decree, legally ending the marriage.
Documents Required For Mutual Divorce /Mutual Consent Divorce
- Aadhar Card of Both Husband and Wife (if children there too)
- Passport Size Photograph of Both
- Date Of Marriage + Date Of Separation
- Marriage Photograph
- Marriage card or Marriage Certificate if registered marriage
- Detail of any money related agreement or if any Exchange of Gold or Silver Etc
