What is the procedure for mutual divorce and how much time to finalize

731 votes

Under the Hindu marriage act you may file a mutual consent petition for divorce before the concerned district judge. Two motions for divorce are entailed. A time gap of 6 months is mandated under the Act between the two motions. Upon passage of the second motion a decree of divorce will be granted

Advocate Rajat Joseph LawRato

572 votes

Dear Querist, the procedure for mutual divorce is straightforward. Both parties, that is husband and wife, file a joint petition stating that due to certain irreconcilable difference, both of them cannot continue to stay together any longer, therefore a divorce may please be granted. This is termed as the first motion of the petition.Income affidavit , an MOU etc. will also be filed along with the petition. Both parties need to come to a conclusion with respect to child custody, maintenance of wife and children and litigation expenses. The court will then give you 6 month's time which is the cooling off period wherein the Court will tell u to try and resolve the issue. After the expiry of the said 6 months, second motion will be passed whereby you will be granted divorce. For further assistance, kindly contact a lawyer. Thanks & Regards

Advocate Mudita Sharda LawRato