Divorce: 1-Year Separation vs. 6-Month Cooling Period

Question

Divorce: 1-Year Separation vs. 6-Month Cooling Period

23-Jun-2025 (In Divorce Law)

My wife and I got married in India 8 months ago, but we separated after just 1 month. We've been living apart since. We both agreed in writing (MOU) to get a divorce after we've been separated for one year. I live outside India (I'm an NRI) and my wife is in India. Can we get our final divorce right after completing that one-year separation, or do we still have to wait another six months, which is usually required for a mutual divorce? Does our agreement (MOU) and my NRI status change anything?

Answers (5)

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Adv. Ajay K Godara Adv. Ajay K Godara

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Advocate Deepak Jaglan LawRato · Accepted Answer · 2025-06-23T06:52:55+05:30

Answer #2

Sir, you can still get divorced after completing one year of separation. Cooling off period of 6 months can be easily waived off by court very easily. Mutual Divorce or Divorce under section 13B is typically a 1 month process. Usually a joint petition signed by both the parties are required to be filled. You can give your SPA to your parents to contest the case and your identification can be done by your parents and lawyer through VC. Which is usually permitted by the courts.

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Adv. Deepak Jaglan Adv. Deepak Jaglan

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Advocate Deepak Sharma LawRato · Accepted Answer · 2025-06-23T09:37:59+05:30

Answer #3

Greetings for the day, In your situation, you can file for a mutual divorce right away after passing of 1 year period. Further, the period of 6 months after recording of first motion can be waived off by the court upon an application on behalf of the paries.

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Advocate Kuber Hooda LawRato · Accepted Answer · 2025-06-23T10:30:50+05:30

Answer #4

Hello Sir/Mam You will get divorce decree on second motion. Rest depends on the matter. feel free to contact over phone call for further assistance or advice. Thank You Regards Advocate Kuber Hooda

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Advocate Gurjant Singh LawRato · Accepted Answer · 2025-06-25T16:10:18+05:30

Answer #5

As per Hindu Marriage Act, for mutual consent divorce under Section 13B, a one-year separation is mandatory before filing. After filing, there's a statutory 6-month cooling-off period. However, the Supreme Court has held that this 6-month period can be waived in certain cases where all efforts at reconciliation have failed, settlement terms are clear (as in your MOU), and both parties consent. Your NRI status does not waive the legal procedure but remote representation is possible. So, after one year of separation, you may file for divorce and seek waiver of the 6-month period by petitioning the court.

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