How to apply for mutual Divorce

954 votes

Husband and wife can apply by filing a joint petition before the relevant court. The petition should have details of marriage as well as reasons for seeking divorce. The terms mutually agreed between parties should also be mentioned in petition. Documents such as ID cards of parties, wedding card and photographs would be required to show valid marriage had taken place.

After this petition is allowed, parties have to wait for six months (this period can be waived off by filing application. But it is discretion of court to waive it ). After six months second joint petition has to be filed stating that even in the intervening 6 months the parties could not cohabit and therefore, divorce may be granted. The terms and reasons for divorce have to be reiterated. As such, it's likely to take about 7-8 months for whole procedure but can take lesser if application for waiver is allowed.

Advocate Satakshi Sood LawRato

775 votes

If both of you husband and wife is ready to get divorce then you both have to file a joint petition for divorce by mutual consent before the family court of your concerned jurisdiction. In documents you require your ID proof and proof of marriage for both the person. It generally takes about six months time, but this time can be waived in special circumstances.

Advocate Prasoon Kumar LawRato

625 votes

Dear CLient
You may apply for mutual divorce if your husband/wife is also agreeable to the same. You would need marriage certificate, marriage card, address proof, photo id (aadhar, passport etc.) and passport size photographs of both the parties. You will get a divorce within 6 months approximately. After you file the first motion there is a period of 6 months cooling off period after which you may file your second motion subsequent to which you get a divorce. Feel free to contact for filing of the same.

Advocate Mrinmoi Chatterjee LawRato

812 votes

For applying mutual divorce both the husband and Wife needs to move a joint application under section 13 of Hindu Marriage act. The jurisdiction of the court will depend on the place where the husband or Wife resides or where the marriage took place. Documents required will be , I D proof, Marriage Photo, Marriage Card and two phtographs each. It will take atleast 6-8 months.

Advocate Shreshth Jain LawRato

699 votes

To file a case for divorce by mutual consent the parties should be both agreed to file the divorce petition they should have been living separately for a period of one year documents required would be the wedding card wedding picture and ID proof of the parties in you can contact a lawyer for same.
If the parties have been living separately for more than 18 months then usually it takes about a month for the divorce otherwise it takes 6 to 7 months for the entire divorce proceedings to get finalised

Advocate Madhu Tyagi LawRato