Steps for Mutual Divorce — Clear 10-Step Legal Roadmap (2026)

Dissolving a marriage shouldn't be a legal battle. We provide a transparent, fixed-fee process handled by expert family lawyers. From initial filing to the final decree, we ensure your transition is dignified, legally sound, and completely stress-free.

Court-compliant process | Consent at every stage | NRI-friendly process

What is Mutual Divorce?

Mutual Divorce, also known as Divorce by Mutual Consent, is the most straightforward and peaceful way for a married couple to legally dissolve their marriage in India. Unlike a contested divorce—where one spouse files against the other—mutual divorce happens when both husband and wife agree to separate on friendly terms.

In India, this process is primarily governed by Section 13B of the Hindu Marriage Act, 1955, as well as similar provisions under the Special Marriage Act, the Christian Marriage Act, and the Parsi Marriage and Divorce Act.

  • They have been married for at least one year before filing for divorce.
  • They mutually agree to end the marriage peacefully.
  • They have settled all key matters like alimony, child custody, maintenance, and division of property.

Once the Family court is satisfied that the decision is genuine and voluntary, it grants a Divorce Decree, legally ending the marriage.

Transparent payment schedule
₹40,000 — All inclusive
₹499
Form submission
₹9,500
Documentation & petition
₹10,000
First Motion (filing)
₹20,000
Second Motion & decree

10 Steps to a Smooth Mutual Divorce

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Step 1 — Online Form Submission (₹499)

Begin the mutual divorce process by completing our secure Online Divorce Form. The ₹499 fee is a non-refundable form submission charge that covers your initial case intake. Within 12 hours of form submission, our legal team sends a confirmation email to both husband and wife to verify mutual intent

Form submission initiates legal review but does not start court proceedings immediately.
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Step 2 — Verification of Mutual Consent

We verify the consent of both parties via a formal confirmation email. Our legal process only begins after both husband and wife confirm they are ready to proceed. This ensures the case meets the mandatory "Mutual Consent" criteria required by the Family Court.

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Step 3 — Finalizing Settlement Terms

In a mutual divorce, settlement terms are discussed and decided directly between husband and wife. Once both parties agree, the terms are shared with us. Our role is to legally structure, validate, and record these terms in the divorce petition as per court requirements.

Clear and final settlement terms help avoid objections and delays during court hearings.
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Step 4 — Documentation, Jurisdiction Check & Petition Drafting (₹9,500)

After the ₹9,500 payment, our team collects and reviews your documents (Marriage proof, IDs, Address proofs) to determine the correct Family Court Jurisdiction. We then draft the joint petition and share it with both parties for review, ensuring every detail is accurate before filing.

Document verification and drafting usually completes within 12–24 hours.
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Step 5 — File First Motion Petition (₹10,000)

Upon payment of ₹10,000, we file your joint petition in the respective Family Court for the First Motion. At this stage, we also share the name and details of the family court lawyer who will represent both husband and wife during court proceedings. This is to ensure a seamless transition to the judicial phase.

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Step 6 — Attend Family Court for First Motion

Both spouses are required to be physically present in the Family Court along with our lawyer for the First Motion hearing.

The judge records joint statements, verifies consent, and formally admits the petition.

For NRIs living abroad: Appearance through video conferencing or Special Power of Attorney (sPOA) may be permitted, subject to court approval.

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Step 7 — Cooling-off Period or Waiver

Normally, a 6-month statutory waiting period follows the First Motion. However, In suitable cases, the court may waive this period at its discretion, based on factors such as long separation, final settlement, and absence of reconciliation prospects.

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Step 8 — Second Motion Preparation (₹20,000)

As the waiting period concludes, the final payment of ₹20,000 is made. We prepare the final affidavits and coordinate with the court registry to list your case for the Second Motion. Our team handles all scheduling and documentation for this final hearing.

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Step 9 — Second Motion & Judgment

During the Second Motion, the Judge reviews the final statements. If satisfied that all legal requirements and settlements are met, the Judge pronounces the divorce. This final hearing marks the official dissolution of the marriage by the court.

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Step 10 — Receive Certified Divorce Decree

The formal Divorce Decree is the final legal proof of your divorce. It is typically issued by the court registry 7–10 days after the Second Motion judgment. We assist with the collection of the certified copy and deliver it to you electronically or physically.

Timelines for certified copies depend on court workload. Store this decree safely as legal proof.

Frequently Asked Questions

In most cases, a mutual consent divorce in India takes approximately 2 to 7 months. The timeline depends on factors such as court availability, completion of settlement terms, and whether the statutory cooling-off period is waived by the court.

Where conditions for waiver are met and granted, the process may conclude sooner.

The basic documents required include marriage proof (marriage certificate or wedding card), ID and address proofs of both spouses, and passport-size photographs.

Depending on the settlement terms, additional documents may be required to support claims relating to maintenance, child custody, or property. Our legal team will review and guide you if any case-specific documents are needed.

In many cases, NRIs are able to complete the mutual divorce process without travelling to India through Special Power of Attorney (sPOA) or video conferencing, and representation by a local family court lawyer.

The availability of these options depends on court permission and the specific facts of the case. Our legal team evaluates this during documentation and advises the most suitable approach. For detailed guidance, please visit our NRI Divorce Guide.

Our flat legal fee of ₹40,000 covers the complete mutual divorce process, including drafting of petitions and affidavits, filing in Family Court, coordination with the court, and legal representation as required during both motions.

The fee also includes follow-up with the court registry and assistance in obtaining the certified divorce decree. Payments are made in stages, aligned with each step of the process, as outlined on this page.

Yes. Mutual consent must exist at both motions. If either spouse withdraws consent before the Second Motion, the court cannot grant divorce.

No. Divorce is granted only after the court is satisfied that consent is voluntary, informed, and that the settlement terms are lawful and complete.

Mutual divorce procedures vary slightly under different personal laws. Our legal team applies the correct legal provision based on the parties’ religion and marriage registration.

Ready to start your mutual divorce?

Begin with the secure ₹499 form submission — A confirmation email will be sent to both spouses to verify consent and Begin the process.

Start Application — ₹499

Last updated: January 2026