What is the procedure of Mutual Divorce?

The procedure for mutual divorce in India is governed primarily by the Hindu Marriage Act, 1955 (Section 13B) for Hindus, and similar provisions exist under other personal laws and the Special Marriage Act, 1954 for interfaith or civil marriages. Below is a general step-by-step guide to the mutual divorce process:

Basic Requirements:

1. Mutual consent of both spouses.
2. The couple must have been living separately for at least one year.
3. They must be unable to live together and mutually agree that the marriage should be dissolved.

Step-by-Step Procedure:

1. Filing of Joint Petition (First Motion)

• A joint petition is filed by both spouses before the family court.
• The petition must state that:
  • They have been living separately for over one year.
  • They are unable to live together.
  • They mutually agree to dissolve the marriage.
• The petition includes terms of settlement regarding alimony, child custody, property division, etc.

2. Court Appearance & Statement Recording

• Both spouses must appear in person before the family court.
• The judge records their statements under oath.
• If satisfied, the court will pass an order accepting the First Motion.

3. Cooling-Off Period (6 Months)

• After the first motion, the law mandates a 6-month waiting period (cooling-off).
• The purpose is to give the couple time to reconsider.
• This can be waived by the court in some cases (per a 2017 Supreme Court ruling), especially if:
  • The parties have already been separated for a long time.
  • There is no possibility of reconciliation.

4. Second Motion & Final Hearing

• After 6 months (or earlier if waived), the couple appears for the second motion.
• The court ensures mutual consent still exists and reconfirms settlement terms.
• If satisfied, the court grants the final decree of divorce.

5. Divorce Decree

• The court issues a decree of divorce, legally dissolving the marriage.
• This concludes the mutual divorce process.

Timeframe:

• Normally takes 6–18 months, depending on whether the cooling-off period is waived.
• If not contested and properly filed, mutual divorces are simpler and faster than contested ones.

Documents Required:

1. Marriage certificate
2. Address proof of both parties
3. Passport-size photographs
4. Evidence of separation (e.g., rent agreements, affidavits)
5. Income and asset details (for alimony/settlement)
6. Joint petition signed by both spouses