What is the procedure for mutual divorce?


I have been married for 3 and a half years now. Me and my husband are wiling to file for mutual divorce. What is the procedure for divorce?

Answers (3)


119 votes

you have to file a petition u/s 13(b) with your photo,ID, Residence Proof and in your petition you are ready to make mutual consent with full settlement. this is your first motion and after 6 month second motion.


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75 votes

For a mutual consent divorce to be filed, both you and a husband have to agree on the terms of the mutual consent divorce. These terms include things like maintenance (wife's and children), custody and visitation rights of children, share in property or any joint investment that you have had together.
You will have to furnish yours and your husband's recent passport size photographs, ID proof, wedding photographs or wedding card along with the petition, which is drafted by an advocate.
The procedure concludes in two steps- First motion and then after a minimum of six months second motion.
On both these dates of first and second motion, both you and your husband need to appear in court and put your signature. The divorce is granted on the date of the second motion.

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187 votes

You have to prefer an Application under Section 13B of the Hindu Marriage Act, 1955. Its done in two stages, 1st and 2nd Motion. There is a mandatory waiting period of 6 months between the 1st and the 2nd Motion. Its quite a simple process depending on the terms of the separation.

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