How much time does mutual divorce take and what procedure?

122 votes

LawRato LawRato

650 votes

Under Section 13B of the Hindu Marriage Act (HMA), a mutual consent divorce can be sought by filing a joint petition before the family court provided both the parties to the marriage have been living separately for at least one year or more and have not been able to live together. The procedure and time taken for mutual divorce under Section 13B of the HMA typically involves the following steps:

Filing of the joint petition: Both parties must jointly file a petition before the family court stating their mutual consent to divorce. The petition should include the grounds for divorce and the terms of the settlement regarding issues like alimony, child custody, and property division.

Cooling-off period: After the filing of the joint petition, the court typically grants a mandatory waiting period of six months known as the "cooling-off period." During this period, the court encourages the parties to reconsider their decision and attempt reconciliation. The purpose of this waiting period is to provide an opportunity for the couple to reconsider their decision and explore the possibility of reconciliation.

Second motion: After the completion of the cooling-off period, both parties must appear before the court for the second motion. During this stage, the court reviews the joint statement made by the parties and verifies their mutual consent for divorce. If the court is satisfied that the consent is genuine, it may pass a decree of divorce.

In India, the time taken for a divorce by mutual consent under Section 13B of the HMA can vary depending on factors such as the court's workload, the availability of dates for hearings, and the efficiency of the legal process in your jurisdiction. Generally, it takes around 6 to 18 months to obtain a mutual consent divorce, including the mandatory cooling-off period.

Advocate Siddhant Sharma LawRato

595 votes

It takes 6 months and two motions.

In first motion the lawyer will file a petition signed by both parties in court. Court will accept it. After this a second motion is filed after 6 months and divorce is final.

Your presence will be required for two hearings in court. It is a hassle free process.

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LawRato LawRato

973 votes

Dear queriat.
Mutual divorce is the better form of divorce. It takes two appearances before the court . First appearance is the first motion when you appear and record your statememt that you are agreeing on to a mutual divorce due ti irreconciliable differences bw the both of u. Then you appear after 6 months for the second motion and the divorce is granted. You can stretch the divorce till 18mnths after which the court is not inclined to grant a divorce. Seek a lawyers advice in person. Regards

Advocate Mudita Sharda LawRato

379 votes

How long does mutual divorce take in India? Mutual divorce can be completed within 6 to 18 month. Practically, however, it depends also on the number of cases at any given time, and the court in which you file your petition.

Advocate Chikirsha Mohanty LawRato