Process for filing a divorce and settlement options.

Question

Process for filing a divorce and settlement options.

07-Nov-2025 (In Divorce Law)

I want to file a divorce with my wife. Religion - Hindu. 18 years of marriage, we have been staying separate in the same house for 2 years now. Want to know the process involved. What could be the settlement options. We have a boy who is 9 years old. I am ready to take care of the child expenses like education and extra curricular.

Answers (5)

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Adv. Santosh S. Gaikwad Adv. Santosh S. Gaikwad

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Advocate Mahrukh Khan LawRato · Accepted Answer · 2025-11-07T11:59:53+05:30

Answer #2

There are two main types of divorce under Indian law (Hindu Marriage Act, 1955; similar provisions exist for Muslims, Christians, and Parsis under their personal laws): 1. Mutual Consent Divorce (Section 13B HMA) Both husband and wife agree to end the marriage. 2. Contested Divorce (Section 13 HΜΑ) One spouse files for divorce without the other's consent, citing valid legal grounds such as cruelty, desertion, adultery, mental disorder, conversion, etc.

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Advocate Mrunmayi Kotawadekar LawRato · Accepted Answer · 2025-11-07T15:55:10+05:30

Answer #3

You can file for divorce under the Hindu Marriage Act. Opt for mutual consent divorce as it’s quicker and amicable. You may agree to bear your child’s expenses, while custody usually stays with the mother. Contested divorce is longer and costlier.

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Advocate Prerna Shukla LawRato · Accepted Answer · 2025-11-07T17:21:03+05:30

Answer #4

If both you and your wife intend to proceed for divorce by mutual consent then you can proceed accordingly. As far as the terms of alimony, if any and child care expenses are concerned, you can decide and lay down the terms for the same.

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Advocate Saylee Chaudhari LawRato · Accepted Answer · 2025-11-07T23:00:59+05:30

Answer #5

You can file for mutual consent divorce if your wife is also willing to dissolve the marriage. In such a case, a joint petition is filed before the Family Court, and the entire process generally concludes within 6 to 7 months, depending on the court’s schedule. However, if your wife is not agreeable, you will have to proceed with a contested divorce, which usually takes longer as it involves pleadings, evidence, and arguments before the court. The terms relating to the child’s education, extracurricular expenses, and general welfare can be specifically recorded in the consent terms. Custody may remain with the mother, with your visitation rights, or can be structured as joint custody, depending on what is mutually decided or directed by the court. Similarly, any jointly owned property or assets can be divided through a mutual settlement between both parties.

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