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Mutual Consent Divorce below 1 year


20-Feb-2026 (In Divorce Law)
We are living separately since marriage. It's been 3 months but we have never lived together and there seems no future possibilities. Situation is affecting mental health of both parties. That's why we reached the conclusion for divorce. How to waive off 1 year period? How earliest we can get divorce?
Answers (3)

Answer #1
566 votes
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Advocate Nayankumar Prajapati

Adv. Nayankumar Prajapati

LawRato Gandhinagar | 25+ Answers
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Answer #2
932 votes
Depending upon the facts of the case, you may apply seeking waiver of mandatory cooling period. marriage solemnised 3 months ago, waiver without living together is slightly difficult to prove. rather you should go with other ingredients for quicker remedies, as you have stated that no cohabitation took place after marriage. feel free to correct for more information.
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Advocate Soham Desai

Adv. Soham Desai

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Answer #3
646 votes
sir/madam, the 1 year period is mandatory, however of the parties have been living separately for 18 months than as per supreme court judgement, the 6 month cool off period can be waived by the family court and divorce can be granted immediately.
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Advocate Mauleen Marfatia

Adv. Mauleen Marfatia

LawRatoAhmedabad | 5+ Answers
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