Mutual Divorce Lawyer in Kolkata — Fixed Fee, Online Process, Two Court Visits

Start by submitting our online divorce form — this opens your case and confirms whether jurisdiction falls under Alipore Judges Court or Bankshall Court based on your address and marriage details. Both spouses are then contacted separately to confirm voluntary consent. From there, our team handles all documentation and petition drafting remotely. You only need to appear in person twice — at the First Motion and Second Motion hearings. Under Section 13B of the Hindu Marriage Act, 1955, the process typically concludes in 6 months, or as little as 6–8 weeks if the cooling-off period is waived.

You will need a marriage certificate or original wedding invitation card — Alipore Family Court routinely accepts the invitation card when a formal certificate was not issued, which is common in older Bengali marriages. Both spouses must provide Aadhaar, Voter ID, or Passport as identity and address proof. Two joint wedding photographs and two recent passport-size photos of each spouse are also required. If you currently share a residence despite being separated, a notarized affidavit of separation is necessary to satisfy the court's one-year separation condition. Where children are involved, a custody and maintenance agreement must be submitted alongside the petition.

Independent advocates in Kolkata typically charge between ₹25,000 and ₹80,000 for a mutual divorce — and that figure can increase if hearings get adjourned or documentation requires rework. Our fee is ₹40,000 fixed, for both spouses combined, with no charges added for delays or extended timelines. It is structured in four stages: ₹999 to open the case, ₹9,000 for petition drafting and settlement preparation, ₹10,000 at First Motion filing, and ₹20,001 at the Second Motion and decree stage. You pay for each stage as it is completed — no upfront retainer.

Yes. Following the Supreme Court's ruling in Amardeep Singh v. Harveen Kaur, Family Courts — including those in Kolkata — have discretion to waive the six-month waiting period. The primary condition is that the spouses have already been living separately for a period substantially longer than one year and that all terms of settlement are fully agreed upon before the First Motion. We draft the waiver application as part of the First Motion preparation. If approved, the total process can conclude in 6–8 weeks from the date of filing.

In a mutual divorce, custody is decided by both spouses and submitted as an agreed arrangement — the court does not impose a decision provided the plan demonstrably serves the child's welfare. Kolkata Family Courts look for clarity on day-to-day custody, holiday schedules, school decision-making, and maintenance amounts. Joint custody arrangements where both parents remain involved are increasingly accepted. We draft the custody agreement as part of the petition preparation stage, ensuring the terms are detailed enough to be approved without the court asking for revisions. Learn more on our child custody page.

Yes, though the applicable law differs based on religion and how the marriage was registered. Muslim couples in Kolkata where both spouses consent to separation can pursue dissolution under the Dissolution of Muslim Marriages Act, 1939, or through a mutual Khula or Mubarat — the latter being a no-fault consensual separation directly comparable to mutual divorce. Christian couples file under the Indian Divorce Act, 1869, with the petition going before the District Court. Inter-faith couples and those who married under a civil ceremony are governed by the Special Marriage Act, 1954, which has its own mutual consent provision under Section 28 — the process and timeline are similar to the Hindu Marriage Act route. We handle all these routes. Contact us to confirm which law applies to your marriage before filing.

Indian law does not prescribe an automatic split — property division in a mutual divorce is entirely based on what both spouses agree to and document in the settlement. This covers jointly owned flats, ancestral property, bank accounts, investments, and movable assets. The agreed terms are recorded in the Memorandum of Understanding submitted with the petition. Where a property transfer is involved — such as a flat in Rajarhat or an ancestral home in North Kolkata — the relevant Relinquishment Deed or transfer documents are executed after the decree is issued and registered at the local sub-registrar's office. We ensure the MoU is drafted in terms the court will accept and that subsequent property transactions follow correctly.