Divorce Process Step By Step in Delhi
Divorce lawyer in Delhi. Find answers to common divorce questions in India. Learn about documents, timelines, mutual consent, contested divorce, legal procedure, and more.
There are two ways to legally dissolve a marriage: 1—by Mutual Consent Divorce, and 2—by Contested Divorce. Divorce lawyer in Delhi.
It depends on the parties and the way they want to file a divorce petition as per the circumstances. The sections under Divorce laws are different, so the petition will be filed under relevant Sections of Divorce laws.
1- Divorce By Mutual Consent:
Both spouses must mutually agree to seek a divorce and want to legally dissolve their marriage. Mutual consent is a fundamental requirement for pursuing a mutual divorce. Before filing a mutual divorce petition, spouses must ensure that they have been living separately for at least one year.
Common Process for Mutual Divorce Process
Consultation: The first step is for both spouses to meet with their respective lawyers to discuss their decision to seek a mutual divorce.
Drafting the Divorce Petition: Once both spouses have decided to proceed with the mutual divorce, in collaboration with the couple, we will draft a joint divorce petition and fill the petition.
Cooling-Off Period: As per Indian law, there is a mandatory “cooling-off period“ of six months from filing the Petition.
First Motion Hearing: Both spouses are required to appear before the court for the first motion hearing.
Second Motion Hearing: The couple must attend the second motion hearing.
Decree of Divorce: Upon being satisfied with both parties’ proceedings and mutual consent, the court grants the decree of divorce.
2- Contested Divorce: One spouse agrees to divorce however, the second spouse does not agree to divorce. Then, one spouse can file a contested divorce petition as per legal grounds, and during the trial, that party needs to prove those grounds.
It’s important to note that the timeline and specific procedures may vary depending on the circumstances. This information is only for learning. For more information, contact your legal advisor or family advocate. Divorce lawyer in Delhi.
Divorce Process Step-by-Step – FAQs :
- What is the first step to file for divorce in India?
The first step is to consult a divorce lawyer who can guide you on the correct legal process based on your situation — whether it’s a mutual consent divorce or a contested divorce.
- What documents are needed to start a divorce?
You will generally need:
Marriage certificate
Address proof of both parties
Passport-size photographs
ID proofs (Aadhaar Card, PAN, etc.)
Income proof (for maintenance claims)
Grounds and evidence for contested divorce
- Can divorce be filed without a lawyer?
Yes, technically, you can file a divorce petition without a lawyer. However, legal representation is highly recommended to avoid mistakes and ensure smooth proceedings.
- How long does it take to get a divorce in India?
Mutual Consent Divorce: Around 6 months to 1 year (can be faster if the court waives the cooling-off period).
Contested Divorce: Depending on the complexity and court workload.
- Is the 6-month waiting period mandatory for mutual divorce?
No, the Family Court can waive the 6-month waiting period if it is satisfied that:
The parties have been living separately for more than a year.
There is no possibility of reconciliation.
Find answers to common divorce questions in India
- What is the difference between Mutual Divorce and Contested Divorce?
Mutual Divorce: Both spouses agree to separate amicably and settle issues like custody and maintenance mutually.
Contested Divorce: One spouse files for divorce based on specific grounds like cruelty, adultery, desertion, etc., and the other contests it.
- What are the grounds for a contested divorce in India?
Some common grounds include:
Cruelty
Adultery
Desertion for over 2 years
Conversion to another religion
Mental disorder
Communicable diseases
Presumption of death
- Can I remarry immediately after getting a divorce?
You can remarry after getting a certified divorce decree from the court. However, it’s advisable to wait for 90 days, which is the usual appeal period.
- Is online divorce possible in India?
Currently, complete online divorce is not possible. However, many hearings (especially in mutual consent divorce) can happen via video conferencing, and documentation can be submitted online in some jurisdictions.
- Can the divorce decree be challenged?
Yes, a divorce decree can be appealed in the Higher Court within 90 days from the date of the decree if either party is dissatisfied.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal matter expert.
