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Free educational guide about divorce procedure in India
Divorce can be obtained through two main methods: mutual consent divorce and contested divorce. Timeframes vary depending on facts, applicable law, and court workload.
When both parties agree to dissolve the marriage amicably, they can file for mutual consent divorce. Timeframes vary depending on court workload and applicable cooling-off period.
When one party does not agree to the divorce, the other party can file a contested divorce petition on specific grounds recognized by personal law.
Consult a qualified legal professional
File divorce petition in family court
Court sends notice to other party
Both parties appear before court
Court may refer to mediation
Both sides present evidence (contested cases)
Court passes divorce decree
Under Section 13B of the Hindu Marriage Act, there is a cooling-off period of 6 months from the date of filing the first motion. However, the Supreme Court has allowed waiver of this period in certain cases.
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