File Joint Petition (First Motion)

Both spouses file a joint petition for divorce by mutual consent in the family court having jurisdiction. The petition must include marriage details, separation statement, mutual consent confirmation, and settlement terms.

• Both parties must sign the petition
• Attach marriage certificate, address proof, photographs
• Include agreed terms for alimony, child custody, property division

First Court Hearing & Statement Recording

On the first hearing date, both parties must personally appear before the family court judge. The judge verifies identities, confirms voluntary consent, and records statements separately to ensure no coercion.

• Court examines the settlement agreement for fairness
• Judge may ask questions to confirm genuine consent
• Parties must bring original documents for verification

Mediation & Reconciliation Attempt

Under the Family Courts Act, courts refer matrimonial matters to mediation. Even in mutual divorce cases, mediation is attempted to explore possible reconciliation. If both parties are adamant, the mediator issues a failure report quickly.

• Mediation typically takes 30-45 days
• Parties may file a joint waiver to skip mediation
• If reconciliation fails, case proceeds to next stage

Statutory Cooling-Off Period (6 Months)

Under Section 13B(2), a decree of divorce can be passed only after expiry of six months from the date of filing the first motion. This cooling-off period allows couples to reconsider their decision.

File Second Motion Petition

After the cooling-off period (or immediately after waiver), parties file a second motion petition confirming that their decision to divorce remains unchanged. Both parties must appear again before the judge.

• Second motion includes affidavits confirming continued consent
• Updated settlement terms (if any modifications)
• Proof of compliance with interim orders

Final Hearing & Divorce Decree

On the second motion date, the judge examines both parties separately to ensure consent remains voluntary. If satisfied, the court pronounces the decree of divorce immediately or within a few days.

• Court passes final decree dissolving the marriage
• Both parties receive certified copy of decree
• Decree becomes final after 90 days (appeal period)