Whether you and your spouse agree to separate or not, the right legal approach makes the process faster and less painful. We handle both mutual consent and contested divorce, including for NRI clients.
Mutual consent divorce procedure
When both spouses agree, a mutual consent divorce under Section 13B of the Hindu Marriage Act (or Section 28 of the Special Marriage Act) is usually the quickest route. The couple must have lived separately for at least one year.
- First motion: a joint petition is filed and both spouses record statements before the court.
- Cooling-off period: the law provides a six-month gap, which the court can waive in suitable cases.
- Second motion: both spouses confirm consent and the court grants the decree of divorce.
Mutual divorce agreement
Before filing, both sides agree on alimony, return of istridhan and belongings, custody of children and withdrawal of other cases. We draft this settlement clearly so it cannot be disputed later.
Contested divorce
If one spouse does not agree, a contested divorce is filed on grounds such as cruelty, desertion or adultery. We prepare the petition, evidence and arguments, and keep you informed after every hearing.
NRI divorce
Clients living abroad can be represented through a power of attorney, and video-conferencing is allowed in many courts. We handle the process so you need not travel for every date.
Every case is different. Call to confirm the exact requirements for yours.
Frequently asked questions
How long does a mutual consent divorce take?
The law provides a six-month gap between the first and second motion. The court can waive this period in suitable cases, which can shorten the process considerably.
Is second marriage possible without divorce?
No. A second marriage while the first spouse is alive and the marriage subsists is void and is a criminal offence. A divorce decree is needed first.
Can I get a divorce if my spouse lives abroad?
Yes. NRI spouses can be represented through a power of attorney, and courts often allow appearance by video-conference.