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How long it will take to complete mutual consent divorce


03-Apr-2025 (In Divorce Law)
Just wanted to know if both parties are mutually consent and agreed to divorce how long it will take to complete the process? In this case. both parties still need to wait for 6 months or it can be done within few days?
Answers (5)

Answer #1
881 votes
The mandatory waiting period of 6 months for a mutual consent divorce was made more flexible by a Supreme Court ruling in 2017. The court held that the cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955, is not mandatory but directory. This means that if both spouses are genuinely ready for a divorce and have settled all issues (like alimony, child custody, and property distribution), they can request the court to waive the cooling-off period. The court may grant the waiver if it is convinced that the marriage has irretrievably broken down and there is no chance of reconciliation. If both parties are living separately for more than 1.5 years then this could be one of the reasons for waiving off the 6 months mandatory period
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Advocate Shrunali Bhowad

Adv. Shrunali Bhowad

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Answer #2
819 votes
Divorce by mutual consent may take 3-6 months of time. However, it is always advisable as it is less time consuming. However, the said period of waiting can also be waived off with the permission of the Court. Feel free to contact me for seeking any legal advice as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRatoMumbai | 700+ Answers
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Answer #3
864 votes
It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the case at hand will enable me to assist you further and advise you accordingly
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Advocate Mikdad Zummerwala

Adv. Mikdad Zummerwala

LawRatoMumbai | 100+ Answers
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Answer #4
911 votes
In India, a mutual consent divorce under Section 13B of the Hindu Marriage Act generally requires a six-month cooling-off period between the first and second motion. However, the Supreme Court has ruled that this period can be waived under exceptional circumstances if both parties have settled all disputes (such as alimony, child custody, etc.) and are living separately for a significant time.
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Advocate Vaibhavi Muthinty

Adv. Vaibhavi Muthinty

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Answer #5
620 votes
Mutual divorce in India under Section 13B usually takes a year. First, file a petition with consent terms, attend a counselling session, then wait 6 months for the cooling-off period before the final hearing.
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Advocate Mrunmayi Kotawadekar

Adv. Mrunmayi Kotawadekar

LawRatoMumbai | 100+ Answers
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