Mutual Divorce FAQs

Choosing mutual divorce is like picking the smoother road. It’s faster, saves you from courtroom drama, keeps costs down, and stays private. You get to decide things like who takes care of the kids or how to split finances, making it a calmer way to say goodbye.

In India, divorce laws depend on your religion. For Hindus, it’s Section 13B of the Hindu Marriage Act, 1955. Christians follow Section 10A of the Indian Divorce Act, 1869, Parsis use Section 32B of their 1936 Act, and Muslims have options like Khula or Mubarat. If you’re an interfaith couple, the Special Marriage Act, 1954 applies. Each requires both of you to agree and usually a year apart.

Section 13B is like the legal green light for Hindus to divorce by mutual consent. After living apart for a year, you file a joint petition, wait 6-18 months (sometimes skippable), and finalize with a second motion. It’s a way to ensure you’ve both thought it through before moving forward.

Most times, yes, you need to live apart for a year. But if you can show the marriage is completely over—like there’s no chance of patching things up—courts might let it slide. It’s about proving you’re ready to move on.

Usually, it takes 6-18 months, including a cooling-off period to think things over. If everything’s in order, it’s like planning a big move—it might take a bit, but we’ll be there to make it smooth. Want details? Check our mutual divorce page explaining the process and other key details you should know about.

Absolutely, if you both agree there’s no going back, courts can skip the cooling-off period. It’s like hitting the fast-forward button, as seen in cases like Amardeep Singh vs. Harveen Kaur (2017). We’ll help you make a strong case.

You’ll need things like your ID proof (think Aadhaar or passport), address proof, marriage certificate or photos, affidavits, and any agreements on splitting stuff. Got kids? Add a custody plan. It’s like packing for a big trip—having everything ready makes it easier.

Court fees are super low—around ₹100-500. Lawyer fees depend on the case and few other factors like City you're filing divorce, lawyer's experience etc. but usually it ranges from ₹15,000 to ₹50,000. It’s like hiring a guide for a journey. we’ll help you find the right fit. Curious about mutual divorce fees in Delhi? See our Delhi services.

If you’re an NRI, you can still file for divorce in India. Can’t travel? Use a sPOA (Special Power of Attorney). Some courts even allow video hearings. It’s like managing a project from abroad—get your documents notarized, and we’ll handle the rest. More details on our NRI divorce page.

You and your spouse sit down and plan what’s best for the kids, like setting up a fair schedule. Courts check if it’s good for them—whether it’s joint or sole custody, with visitation and support. It’s all about keeping their world steady.

Alimony is money one spouse might pay the other after divorce to help with living expenses. It depends on things like income, lifestyle, and needs—think of it as a way to keep things fair. Courts use laws like the Hindu Marriage Act to make sure it’s balanced.

You’d file at the Family Courts of Delhi, like Saket if you’re in South Delhi. One of you needs a Delhi address to qualify. We’re here to help—check our Delhi divorce services or visit Delhi Family Courts for more info.

All of the mutual divorce cases are filed and handled at Gurgaon District Court. You’ll need atleast one spouse with a Gurgaon address. For more questions, you can chdeck out our Gurgaon services page

File at Family Court Nyaya Degula in Bengaluru. One of you needs a Bangalore address. We can guide you—visit our Bangalore divorce services.

You can file for mutual divorce at either Family court in Bandra or in Thane Family court, Mumbai. One spouse needs a Mumbai address. You may also check our Mumbai services page for more info on process to file, documents, fees etc.

Navigating a mutual divorce can feel overwhelming, but avoiding these common mistakes keeps things smooth: rushing into decisions without discussing alimony, custody, or assets; skipping a lawyer’s advice, which can miss key legal details; poor communication with your spouse, leading to misunderstandings; overlooking finances like debts or future expenses; and not double-checking the paperwork before signing. Take it step-by-step—it’s like planning a fresh start, and a little care now goes a long way!

Even when it’s mutual, divorce can stir up a mix of feelings—sadness, anxiety, or even relief. It’s okay to lean on friends, family, or a counselor for support. If you’ve got kids, they might need help adjusting to new routines too.

Keep things friendly and clear, especially if kids are involved. Avoid rehashing old arguments and consider mediation if it gets tough. It’s like working with a colleague—stay respectful and focused on what matters.

Yes, once the court signs off on your divorce decree, you’re free to remarry right away. It’s like getting a fresh start, ready for whatever comes next.

You and your spouse agree on how to split things like your home, car, or savings. The court checks it’s fair, like making sure everyone gets an equal slice of the pie.

You can sell and split the proceeds, transfer ownership to one of you, or keep sharing the responsibility. Write it all down to avoid future mix-ups, like closing out a shared account cleanly.

If mutual divorce isn’t an option, you could try a contested divorce, citing reasons like cruelty, or go for mediation to see if you can work things out. It’s like checking all possible paths before choosing one.

Cover everything in your settlement—child support, alimony, property—and get it signed and approved by the court. It’s like locking the door behind you to keep things settled for good.

If one of you backs out, the mutual divorce stops. You might need to go for a contested divorce if you still want to end things. It’s why being on the same page from the start is so important, like double-checking before a big decision.