How does mutual divorce work in India?

Both spouses jointly petition the Family Court, wait 6 months (cooling-off period, may be waived), then appear for second motion. The entire process takes 6-18 months.

Mutual consent divorce is the simplest and fastest form of divorce in India. Under Hindu Marriage Act Section 13B (for Hindus) or Special Marriage Act Section 28 (for others), both spouses file a joint petition in the Family Court. Requirements: Both must have lived separately for at least 1 year, both agree the marriage has irretrievably broken down, and both agree on terms (alimony, child custody, property division). The process has two motions: First Motion — file the joint petition with agreed terms. After filing, there is a mandatory 6-month cooling-off period (which the Supreme Court in Amardeep Singh case ruled can be waived if reconciliation is impossible). Second Motion — both spouses appear again to confirm they still want divorce. The court then grants the divorce decree. The entire process typically takes 6-18 months. Having a prior written settlement agreement covering maintenance, child custody, and property division speeds up the process significantly. Both parties can share the same lawyer for a mutual divorce, saving costs.

• Hindu Marriage Act — Section 13B (Divorce by mutual consent)
• Special Marriage Act — Section 28 (Divorce by mutual consent)
• Family Courts Act — Section 7 (Jurisdiction)
• Amardeep Singh v. Harveen Kaur (2017) — Cooling-off period can be waived