How much time does it take to get a divorce?

845 votes

Hi please tell me when you got married and since when your wife is living separately.whether you guys wants to get mutual divorce or do you only want divorce,if we talk about mutual divorce u can get in six months,otherwise there is no prescribed limit for getting divorce.

Advocate Vibhor Maheshwari LawRato

965 votes

Where do you live ? If it is mutual then it will take total 6 months. But if it is not mutual then it will take at least one -and half year approx. You can contact me for further details and procedure .

Advocate Vibhore Goyal LawRato

771 votes

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.



The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.



The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition id filled also called first motion and after six months, which is referred as second motion.



After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted.



You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.

Advocate Manish Kumar Pandey LawRato