How Long Does Mutual Divorce Take in India?

In India, a mutual divorce usually takes between 6 months to a year, depending on the court, the documents needed, how the couple settles their differences, and whether the waiting period is skipped.

According to Section 13B of the Hindu Marriage Act, 1955, both partners need to agree to end the marriage.

They should also have lived separately for at least one year.

The process for mutual divorce typically goes like this:

- Both partners agree to end the marriage.

- They settle important matters like financial support, child custody, and property division.

- They file a joint divorce petition in the right family court.

- The court listens to both partners during the first hearing.

- There is usually a waiting period before the second hearing.

- Both partners attend the second hearing.

- If the court is satisfied with everything, it gives the divorce decree.

Can the 6-Month Waiting Period Be Skipped?

In certain situations, the Supreme Court has allowed the six-month waiting period to be skipped if reconciliation is not possible and keeping the waiting period is not helpful.

Whether the waiting period is skipped depends on the situation and is not done automatically.

How Long Does It Actually Take?

If the waiting period is in place, the divorce process can take six months or more after the petition is filed.

If the waiting period is skipped, the process may finish faster.However, the time can still be affected by how busy the court is, how complete the documents are, and whether the couple has resolved all their issues.