Is one year of separation necessary for mutual divorce

I am married for 10yrs with one child of 6yrs age. I want to go for mutual divorce. May i start the procedure now or there is a need of 1 yr separatio to start the procedure? Please help.

Answers (5)

140 votes

Hi if you both are agree on point of mutual divorce than it is not necessary to live separate. you both can say that you both are living separately for more than 1 year. the advocate will do the rest. only discuss and decide about terms and condition

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

328 votes

Yes mam you can approach Family Court to file mutual consent divorce under section 13 i B of Hindu Marriage Act before filing you have finalised issue regarding custody of ur child i e consent term you can start the procedure anytime
Adv Krupa Sawant

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
192 votes

Hello sir ,
As per law for filing mutual divorce ur marriage period should be one year completion .., in.ur case u completed ur marriage is 10 yrs u can go for mutual petition.... By filing mutual divorce petition in family Court

283 votes

Dear client if u both husband and wife r ready for divorce then can file mutual divorce. One year separation is compulsory. U can show one year separation to the court and file divorce. For any legal help call me

Adv Prasad Patil

194 votes

If you both are Hindus and marriage according to Hindu Marriage Act or registered under Special Marriage Act then one year separation mandatory and if christians and married in church then two years separation. By separation it is not mandatory both staying separately even under the same roof but no conjugal relations is separation. Both have to consent for a mutual consent divorce.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles