Divorce with mutual consent

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Divorce with mutual consent

When a couple is unhappy in their marriage due to their incompatibility or differences they choose to get separated through a Divorce With Mutual Consent. Section 13 B of the Hindu marriage act put forth the condition that the couple has to live separately for a minimum of one year before filing for divorce. The procedures are usually quick but the court expects the couple to give another 6 months to their marriage hoping to get their issues sorted and give the marriage another chance. For the parties living in foreign states, video conferencing facility is being availed.

eStartIndia is an online legal service platform where a team of expert legal professionals from India, offering a variety of legal services relating to mutual consent divorce, Court marriage, legal notices, negotiable instruments, company registrations, intellectual property, tax services, personal and property services.

Get a free consultation for Divorce With Mutual Consent with Our Top Rated Experts with a simple registration.

Why Choose eStartIndia For Divorce With Mutual Consent?
This organization comprises expert legal professionals, who use their expertise will help you draft your divorce papers that shall cover all the legal requirements and needs of the parties. The experience and the knowledge that our professionals hold can help you in involving contentions that will ease out your divorce proceeding.

We also have arrangements for timely addressing of client's issues and a team to keep you updated about the process.

Documents Required For Divorce With Mutual Consent

  • Proof of Age of couple (Voters ID, PAN CARD, Municipal Corporation Certificate, Xth or XIIth examination certificate).

  • Address Proof of couple (PAN CARD or Aadhar Card).

  • Income tax filing details of the couple from the last 3 years.

  • Marriage certificate.

  • Proofs to establish that parties lived separately for more than 1 year.

  • Proof to establish failed attempts to save the marriage.

  • Details of income of both parties.

  • Details of family background.

  • Four passport size photographs of both parties.

  • Details of properties owned by the couple.

  • Court fees.

Registration Process


FILING PETITION: with the assistance of professional lawyers the parties have to file a joint petition stating the reason for their separation and their inability to continue in the marriage. A statement has to be made that the decision has been made mutually.

6 MONTHS WAITING PERIOD: The court will direct the parties to mediation and give 6 months’ time to settle their issues and give another chance to their marriage, whereas this six months’ period can be waived by the concerned court upon filing an application for waiver of 6 months. The Court has discretionary power to waive the 6 months’ period. Therefore, 6 months can be waived off and may be reduced to as little as 15 days or a month.

SECOND MOTION PETITION: If the parties don’t settle their issue within this 6 months’ time the next step is to file a second motion petition reconfirming their interest in getting divorced.

DIVORCE DECREE: once the court is satisfied that all the procedures and rules are followed and heard both parties, the decree for divorce will be granted.



13999 /-

    Package Includes:

    • Get hassle-free mutual divorce through experienced lawyer in your city
    • 30 min Intro call by Lawyer +Start to Finish Help + Mutual Divorce  done by experienced Advocate

(Professional Fees)


Where can you file for divorce?

The suit for mutual divorce can be filed in any family court which has the jurisdiction.

What are the advantages of divorce with mutual consent?

The divorce with mutual consents saves a lot time and avoids unnecessary litigation.

How can an NRI get mutually divorced?

The NRI couple can either approach a foreign court or an Indian court for a divorce. But if divorce decree is obtained from a foreign court then it has to be made enforceable in India.

Can one party withdraw their consent after filing for divorce?

Yes, within the allowed 6 months after filing the divorce the parties are free to withdraw their consent.

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