Guide to Mutual Divorce in India by LLC Lawyer

Guide to Mutual Divorce in India – With Legal Light Consulting

At Legal Light Consulting, we understand that ending a marriage is a deeply personal and often difficult decision. For couples who have mutually agreed to part ways, Mutual Consent Divorce offers a faster, less stressful, and more amicable legal route.

Our experienced NRI and domestic divorce lawyers guide you through every step—ensuring the process is smooth, legally compliant, and respectful of your time and circumstances.

At Legal Light Consulting (LLC), we understand that ending a marriage is never easy. For many couples, the path of Mutual Consent Divorce provides a respectful, faster, and less stressful way to separate.

Our experienced NRI and Indian Divorce Lawyers in Delhi guide you through every stage of the process, ensuring that your rights and interests are fully protected.

What is Mutual Consent Divorce?

Mutual Consent Divorce is a legal process under:

  • Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Sikhs, Jains, Buddhists)
  • Special Marriage Act, 1954 (for interfaith or civil marriages)

It allows both spouses to dissolve their marriage when they agree on:

  • Ending the marriage
  • Division of assets and property
  • Child custody and visitation rights
  • Maintenance/alimony (if applicable)

 Eligibility for Mutual Divorce

  • Both parties must agree to the divorce
  • They must have lived separately for at least one year before filing
  • They must be unable to live together and mutually agree to end the marriage

 Step-by-Step Process with Legal Light Consulting

Step 1 – Consultation & Case Assessment

We begin with a confidential consultation to understand your situation, explain your legal rights, and outline the process.

Step 2 – Drafting the Joint Petition

Our lawyers prepare a joint divorce petition detailing the terms agreed upon by both parties.

Step 3 – Filing the Petition

The petition is filed in the family court having jurisdiction over:

  • The place of marriage
  • The place where the couple last lived together
  • The current residence of either spouse

Step 4 – First Motion & Cooling-Off Period

  • Both parties record their statements before the judge (in person or via video conferencing for NRIs)
  • A 6-month cooling-off period is given to reconsider the decision (can be waived if both agree)

Step 5 – Second Motion & Final Decree

  • After the cooling-off period (or waiver), both parties confirm their decision
  • The court grants the divorce decree, legally ending the marriage

 Special Provisions for NRIs

For Non-Resident Indians unable to travel to India:

  • Power of Attorney can be given to a close family member to represent you
  • Video conferencing is allowed for court appearances
  • Courts may extend the process up to 18 months if needed for consent and procedural requirements

Documents Required

  • Marriage certificate
  • Address proof of both parties
  • Passport-size photographs
  • Proof of separation period
  • Agreement on child custody, maintenance, and property division
  • For NRIs: Passport, visa, and No Objection Certificate from the concerned embassy (if applicable)

Why Choose Legal Light Consulting

  • Specialized NRI & Domestic Divorce Expertise
  • Hassle-Free Process with minimal court visits
  • Confidential & Trustworthy handling of personal details
  • Transparent Fees with no hidden costs
  • Proven Track Record in mutual consent divorce cases

 Start Your Mutual Divorce Process Today

If you and your spouse have decided to part ways amicably, Legal Light Consulting can help you complete the process quickly, legally, and with dignity.

📧 Email: legallightconsulting@gmail.com

📅 Book your online or in-person consultation today.

Disclaimer: This guide is for educational purposes only and does not constitute legal advice. For personalized consultation, please contact Legal Light Consulting directly.
5th September 2025
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