Guide for Mutual Divorce
Mutual Consent Divorce And It’s Legal Filing Procedure.
A Complete Guide to Mutual Divorce in India
Ending a marriage is never easy, but when both parties agree to part ways amicably, mutual consent divorce offers the simplest, quickest, and least stressful path forward. At Legal Light Consulting, our experienced divorce lawyers specialize in guiding couples through this process with compassion, clarity, and legal expertise.
What is Mutual Divorce?
Mutual divorce is a legal process where both spouses agree to dissolve their marriage peacefully.
Under Section 13B of the Hindu Marriage Act, 1955, couples can seek divorce by mutual consent without assigning blame or fault.
This approach reduces conflict, saves time, and minimizes emotional strain.
Eligibility for Mutual Divorce
To file for mutual divorce in India, you must meet the following conditions:
Both parties agree to the divorce and its terms (alimony, child custody, etc.).
You have been living separately for at least one year.
You have not been able to live together as a married couple during this period.
Step-by-Step Process for Mutual Divorce
1. Drafting the Petition
Both spouses jointly file a divorce petition in the family court, stating their intention to separate amicably.
2. First Motion
The court reviews the petition and records the statements of both parties. This is the first motion.
3. Cooling-off Period (6–18 Months)
The court provides a 6-month cooling-off period for reconciliation. In some cases, this period can be waived or extended up to 18 months.
4. Second Motion
After the cooling-off period, both parties reappear before the court to confirm their decision. If both still agree, the court grants the divorce decree.
Why Choose Legal Light Consulting?
Expert Guidance: Our lawyers simplify the legal process, ensuring all paperwork is accurate and complete.
Swift Resolution: We prioritize timely filings and appearances to avoid unnecessary delays.
Compassionate Support: We understand the emotional challenges and provide empathetic, discreet assistance.
NRI-Friendly Services: For NRIs unable to visit India, we facilitate the process through power of attorney and video-conferencing.
Documents Required
Marriage certificate
Proof of address and identity (Aadhaar, passport, etc.)
Photographs of both spouses
Evidence of living separately for one year
Mutual divorce agreement outlining terms (alimony, child custody, etc.)
How Legal Light Consulting Helps
Free Consultation: Understand the process and your rights.
Document Preparation: We handle all paperwork and court filings.
Court Representation: Our lawyers represent you at every hearing.
NRI Support: We assist with power of attorney and remote participation.
Take the First Step Toward a Peaceful Resolution
If you and your spouse have decided to part ways amicably, Legal Light Consulting is here to help. Let us guide you through the process with professionalism and care.