LawRato

One year separation prior to applying mutual divorce


05-Oct-2025 (In Divorce Law)
My husband and I live at the same address but have been in separate rooms for the past two years. Will this be considered as the one-year separation required for a mutual divorce? Will any proof be required for this? Or, is it sufficient if both husband and wife confirm this? Is there a separate process for mutual divorce when we are lawfully separated? Is the cooling-off period mandatory?
Answers (2)

Answer #1
962 votes
Yes, living under the same roof but in separate rooms is legally considered as “living separately” if both spouses confirm that there has been no marital relationship. For mutual consent divorce under Section 13B of the Hindu Marriage Act, the requirement is one year of separation. Courts generally rely on the joint statement of both parties, though any supporting proof such as independent witnesses or written communication can strengthen the case. After filing the first motion, there is a six-month cooling-off period, but the Supreme Court has clarified that it is not mandatory and can be waived if the marriage is irretrievably broken and both parties agree. There is no separate process once lawful separation is shown—mutual consent divorce is the procedure.
Helpful? LawRato LawRato
Answer #2
572 votes
Dear Client, 1. Yes, living separately under the same roof can be considered valid separation if both spouses prove they have lived independent lives (no marital relationship) for over a year. The court may accept mutual statements or supporting evidence like witness affidavits. The cooling-off period of 6 months under the Hindu Marriage Act is generally mandatory but can be waived by the court if reconciliation is impossible. 2.Consult an advocate to discuss your case in brief. 3.You may schedule an appointment regarding your case by phone or email at your convenience. Thanks & regards, Priyanka Advocate Coimbatore
Helpful? LawRato LawRato
Advocate Priyanka

Adv. Priyanka

LawRato Coimbatore | 100+ Answers
Chat with Advocate Priyanka Chat 

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

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

All Answers

Googling your legal issue online?

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

LawRato