If your relationship is turned into a mere formality and both of you agree to get a mutual consent divorce, then it’s time to draft and sign the petition to initiate the divorce procedure. 

Mutual divorce is the fastest way to separate from your spouse without losing your dignity and respect, unlike the case of a contested divorce. But it is important to know the mutual divorce procedure and the prerequisites that must be fulfilled to end it fast, without any delay.

In this article, we’ll discuss the complete mutual divorce procedure, and how long it takes to get a mutual divorce in India.

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What are the pre-conditions that must be satisfied before submitting the mutual divorce petition?

It is essential that the parties making the petition have lived separately for at least a year before filing.

Note that “separately” means that both the husband and wife should not be living as a married couple. This does not mean that they cannot live under the same roof. 

Also, the parties should not perform marital obligations.

Procedure for a Mutual Divorce:

In India, the process for obtaining a divorce by mutual consent involves the following steps:

  1. Both parties file a petition asking for a divorce by mutual consent.
  2. Both parties appear before the court to record their statements and the court reviews the documents and petition.
  3. The court orders the parties to provide statements under oath. This ends the first motion.
  4. The court provides a six-month period before the second motion is passed.
  5. The court conducts a second motion and final hearing of the case.
  6. If the court is satisfied with the statements made in the petition, it grants a decree of divorce.

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How much time does it take for a mutual divorce in India?

Filing the petition(One Year): A couple can file for a divorce only after one year of completion of the marriage.

Cooling-off period(Six months after the first motion): After successfully filing the petition, the court grants a waiting period.

Second motion(Variable): You must apply for the second motion once the six months period is over.

Once you appear for the second motion, the court easily grants the divorce decree in certain cases where there are no disagreements and all the requirements are fulfilled by both parties.

Also note that in some cases, based on the facts and situation, the court might decide to directly grant a divorce decree without giving a cooling-off period. This drastically reduces the time period for divorce completion. 

It is recommended that one consults with a skilled and experienced lawyer when seeking a divorce by mutual consent, as they can provide efficient guidance and are well-equipped to draft the terms of the settlement. LegalBeep is an online platform that has a vast network of divorce lawyers from all over India, dedicated to simplifying the divorce process.

Connect with the divorce lawyer of your choice and get free legal advice today.