do we need to wait for 6 months for divorce we are already separated

976 votes

In order for you to eligible to apply for divorce on any ground a separation of 1 year is compulsory. If you have been staying separately for 5 months now, then you become eligible to apply for divorce after 7 months, if the divorce is sought under mutual consent (both parties agreeing) then, from the date of filing the petition you will have to wait for another 6 months to get the divorce.
On any other grounds if you want a divorce it may take atleast 1 to 2 years from the date of filing of the petition by you or your husband as the case may be.

Advocate Kiran N Murthy LawRato

946 votes

If you file a mutual divorce then you need to compulsorily wait for 6 months as per act. living separately for about 1 year is not a ground for waiver of 6 months waiting period. further as per act, completion of 1 year from the date of marriage is also mandatory to file a mutual divorce.

Advocate Jagadish N LawRato