Procedure, formalities and time required for mutual divorce?

What is the process and time required for a Mutual Divorce? It's been 3 years of marriage and me and my wife are fed up of each other. What all formalities are required for the same and what all is included in the petition? 



Assuming you both are Hindus, Mutual Divorce is recognized under Section 13B of the Hindu Marriage Act.

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the Parties and pass a First Motion order giving time of 6 months to the parties to resolve their dispute. 

However, in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.

You shall have to enter into a settlement agreement with your wife with respect to the distribution of assets, alimony/ Maintenance, custody of children (if there are any) etc.

The legal formalities are basically the Settlement Agreement and filing of the Petition. In this Petition you shall have to state the details about your marriage and the reason as to why you both wish to get divorced. You also need to attach the proof of marriage along with annexures.

Kindly contact us for any further details and action.


Googling your legal issue online?

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

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

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 Articles

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

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

I have recently taken divorce on mutual convenient. During divorce we have not mentioned any finance or property issues in that. Now problem is I have…

Read More

ours christian marriage. my husband telling my parents should not come to my home. due to previous problems between my in-laws and parents because she…

Read More

There is no relationship in between husband and wife for 5 year can be divorce easily or not? What is time long to take complete the procedure. And wh…

Read More

Hello, I am 32 yr old female married 10 months ago.. our relationship since our marriage has been in ups and down... As, after dating for almost 2 ye…

Read More

Talk to a lawyer for your legal issue