how to file a divorce in india: legal steps, documents & timeline

Divorce in India is a legal process that dissolves a marriage and brings it to an official end. The process differs based on whether the divorce is mutual or contested and is governed by personal laws such as the Hindu Marriage Act, 1955, Special Marriage Act, 1954 and others depending on religion and community. This blog explains how to file for divorce in India, what documents are needed and the expected timeline.

Types of Divorce in India

1. Mutual Consent Divorce
   When both husband and wife agree to separate amicably, a mutual divorce can be filed. This is usually less time-consuming and less expensive.
2. Contested Divorce
   When one spouse does not consent to the divorce or when there are serious allega
   tions such as cruelty, adultery, or desertion, it becomes a contested divorce. This can take a longer time and requires legal evidence.
   
   

Step-by-Step Process of Filing Divorce in India

A. For Mutual Consent Divorce (under Section 13B of the Hindu Marriage Act):

1. Joint Petition Filing:
   A joint petition is filed in the family court by both parties stating the reasons for seeking divorce and agreement on child custody, alimony, etc.
2. First Motion:
   Both parties appear before the court and record their statements. If satisfied, the court passes the first motion order.
3. Cooling-Off Period:
   A mandatory six-month waiting period follows to allow the couple to reconsider the decision. (This may be waived under special circumstances.)
4. Second Motion & Final Hearing:
   After the cooling period, the parties appear again and confirm their intention to proceed. The court then grants the final decree of divorce.
   
   

B. For Contested Divorce:

1. Petition by One Spouse:
   One party files a divorce petition stating the specific ground(s) for divorce.
2. Court Notice & Response:
   The court issues notice to the other party, and the case begins with their response.
3. Evidence & Hearings:
   Both parties present their arguments, evidence, and witnesses.
4. Final Judgment:
   After hearings, the court delivers its judgment either allowing or rejecting the divorce petition.

Documents Required

• Marriage certificate

• Address proof of both parties

• Passport-sized photographs

• Income and asset details

• Proof of marriage breakdown (in contested divorce)

• Agreement on child custody, maintenance (in mutual divorce)
  
  

Timeline

• Mutual Consent Divorce: 6 months to 1 year (can be shortened if cooling-off period is waived)

• Contested Divorce: 1 to 3 years depending on complexity, evidence and cooperation
  
  

Final Thoughts

Divorce is a significant legal and emotional decision. Whether mutual or contested, it’s essential to consult with an experienced divorce lawyer to ensure your rights are protected and the process is smooth. Platforms like BGD Associates help individuals connect with the right legal professionals to handle divorce and family matters efficiently.