How to Get a Divorce in India: Complete Process, Documents, Cost and

How to Get a Divorce in India: Complete Process

Find My Vakeel connects people with experienced lawyers for divorce and other family law matters in India.

If you are thinking about ending your marriage, it is important to know that the process depends on the type of divorce you are pursuing and the law that applies to your marriage.

In India, divorce is usually handled through either mutual consent or contested divorce.

## 1.

Mutual Consent Divorce

A mutual consent divorce happens when both the husband and wife agree to end their marriage.

Under Section 13B of the Hindu Marriage Act, 1955, a couple can file for divorce together if they have been living separately for at least one year, cannot live together anymore, and both agree to end the marriage.

The steps involved are:

1.

Both people agree to end the marriage.

2.

They discuss important matters like support, child custody, and property.

3.

They prepare and file a joint divorce petition.

4.

The court hears both of their statements.

5.

After a waiting period, they file a second motion.

6.

If the court is satisfied, it issues the divorce order.

Occasionally, the waiting period might not be required, depending on the situation and the law.

## 2.

Contested Divorce:

A contested divorce happens when one person wants to end the marriage, but the other does not agree or disputes the reasons given.

Divorce can be applied for on valid legal grounds such as cruelty, desertion, or other acceptable reasons.

The steps involved are:

- Consulting a family law lawyer

- Preparing the divorce petition

- Filing the case in the right court

- Serving the other spouse with a notice

- The other spouse replies to the petition

- Presenting evidence and calling witnesses

- Final arguments are made

- The court decides and issues the divorce order

Contested divorces often take longer because the court may have to look at evidence and resolve any disagreements.

## Documents Usually Required

The exact documents needed vary depending on the case, but here are some common ones:

- Marriage certificate, if available

- Proof of identity and address

- Photos of the marriage

- Details about children

- Income documents, if maintenance is involved

- Any relevant messages, photos, or other proof

- Property or financial records, if needed

- Previous court orders or related documents

## How Long Does Divorce Take?

There is no fixed time for how long a divorce takes.

A mutual consent divorce usually moves faster compared to a contested one, which can take much longer due to court hearings, evidence, and disputes.

The actual time depends on the case and the court's schedule.

## What About Child Custody and Maintenance?

When there are children involved, issues like child custody, visitation rights, and support become important.

A spouse may also ask for maintenance or other financial help based on the law and the situation.

The court looks at factors like income, needs, responsibilities, and the child's well-being when deciding these matters.

## Can I get divorce without