If you’re considering ending your marriage amicably, mutual divorce is often the most straightforward and least painful route. In this complete guide for mutual divorce in India, we’ll walk you through the entire process, legal requirements, documents needed, timelines, and FAQs—designed to help you make informed decisions and move forward with clarity. Mutual Divorce lawyer in Delhi.

✅ What Is Mutual Divorce?

Mutual divorce is a legal dissolution of marriage where both spouses agree to separate amicably without allegations or legal battles. It is governed under:

Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Buddhists, Sikhs, Jains)

Section 28 of the Special Marriage Act, 1954 (for interfaith or court marriages)

🧾 Legal Requirements for Filing Mutual Divorce in India

To file for mutual divorce, both parties must meet the following conditions:

One-Year Separation: The couple must have been living separately for at least one year.

Mutual Consent: Both spouses agree that the marriage has irretrievably broken down.

No Coercion or Fraud: Consent must be voluntary and genuine.

Settlement Agreement: Issues like alimony, child custody, maintenance, and property division must be mutually resolved.

📃 Important Documents Required

Marriage certificate (original & copy)

Address proof of both spouses

Passport-sized photographs

Identity proof (Aadhar card, PAN, Passport, etc.)

Income and property documents (if applicable)

Proof of living separately for 1 year

Joint petition for divorce

Settlement agreement (covering custody, alimony, etc.)

🏛️ Step-by-Step Procedure for Mutual Divorce

1. Drafting & Filing the Joint Petition
A joint divorce petition is filed in the Family Court with mutual consent, detailing the separation, reasons, and settlement terms.

2. First Motion Hearing
Both spouses appear before the judge. After verifying the petition, the court records their statements.

3. Cooling-Off Period (6 Months)
A mandatory 6-month period (can be waived under certain conditions) is given for possible reconciliation.

4. Second Motion & Final Hearing
After 6 months (or sooner if waived), parties appear again confirming their consent to divorce.

5. Divorce Decree
If satisfied, the court passes a decree of divorce, legally ending the marriage.

⏱️ How Long Does Mutual Divorce Take?

Standard Time: 6 to 18 months

With Cooling-Off Period Waiver: As little as 1 to 2 months

Courts may waive the 6-month waiting period if:

Both parties show no possibility of reconciliation.

All issues are amicably resolved.

👩‍👧 Child Custody in Mutual Divorce

Child custody is a critical component of the settlement. Parents may agree to:

Joint custody

Sole custody (mother or father)

Visitation rights

Courts generally prioritize the best interests of the child.

💰 Alimony & Maintenance

Alimony can be a one-time lump sum or monthly payments.

It must be mutually agreed upon and mentioned in the petition.

If both are self-sufficient, parties may agree to no alimony.

🏠 Division of Property
Mutual divorce requires clarity on:

Ownership of movable and immovable property

Rights over joint bank accounts, loans, investments, etc.

A written agreement ensures future disputes are avoided.

⚖️ Can Mutual Divorce Be Contested Later?

No. Once both motions are complete and the court passes the decree, the mutual divorce is final and binding.

🙋 Frequently Asked Questions (FAQs)

Q1: Can a mutual divorce be filed online?
A: Filing itself must be done physically in court, but documentation and consultation can be done online.

Q2: Can the cooling-off period be waived?
A: Yes, the Supreme Court allows waiver under special circumstances.

Q3: Do I need a lawyer for a mutual divorce?
A: Yes, a mutual divorce lawyer ensures legal compliance, prepares your documents, and handles court procedures efficiently.

🔍 Why Choose Us?

We specialize in mutual divorce in Delhi and for NRIs. Our team ensures:

Transparent legal advice

Quick, confidential & stress-free process

Court representation across Delhi NCR & pan-India

Customized settlement agreements

Online consultation for NRIs

📞 Contact the Best Mutual Divorce Lawyer in Delhi

📞 +91-7617 414 414
🌐 www.ezyonline.in

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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 expert.