How to File for Divorce in India
Divorce is never an easy decision, but sometimes it becomes the only solution for couples who can no longer live together. In India, the divorce process is governed by different laws depending on religion and type of marriage. Whether you are seeking mutual consent divorce or contested divorce, understanding the legal steps will save you time, money, and unnecessary stress.
In this guide, we explain how to file for divorce in India step by step.
Types of Divorce in India
- Mutual Consent Divorce
- Both husband and wife agree to end the marriage.
- Faster, less complicated, and usually finalized within 6–18 months.
- Contested Divorce
- One partner files for divorce without the consent of the other.
- Can take years depending on evidence, witnesses, and court hearings.
- Common grounds: cruelty, adultery, desertion, conversion, mental illness, venereal disease, renunciation, not being heard of for 7 years.
Step-by-Step Process to File for Divorce in India
Step 1: Hire a Divorce Lawyer
While you can technically file a case yourself, it is always advisable to hire a qualified divorce lawyer who can guide you on procedures, documentation, and representation in court.
Step 2: Decide the Type of Divorce
- If both partners agree → go for mutual consent divorce.
- If one disagrees → file for contested divorce under the applicable law (Hindu Marriage Act, Muslim Law, Christian Law, Parsi Law, or Special Marriage Act).
Step 3: Prepare the Divorce Petition
The petition must include:
- Details of marriage (date, place, registration, etc.)
- Names, addresses, and details of both spouses
- Grounds for divorce
- Any request for child custody, alimony, or property division
Step 4: File the Petition in Court
- File the divorce petition in the family court of your city/district.
- The court will issue a notice to the other spouse.
Step 5: Court Hearings & Mediation
- Mutual Consent Divorce: Both partners must appear before the court and give statements.
- Contested Divorce: Court may order counseling/mediation first to try reconciliation.
Step 6: Settlement of Issues (if applicable)
- Child custody
- Maintenance/alimony
- Division of property/assets
- Any other claims
Step 7: Cooling-Off Period (for Mutual Consent)
- Under Section 13B(2) of the Hindu Marriage Act, there is a 6-month waiting period before the final decree.
- In some cases, courts waive this period if reconciliation is impossible.
Step 8: Final Divorce Decree
- Once the court is satisfied, it will pass a divorce decree officially ending the marriage.
Documents Required for Divorce in India
- Marriage certificate
- Passport-size photographs of both spouses
- Proof of residence (Aadhaar, voter ID, etc.)
- Proof of separation (if applicable)
- Income, property, or financial documents (for alimony/maintenance)
- Details of children (if custody involved)
Time & Cost of Divorce in India
- Mutual Consent Divorce: 6–18 months, ₹25,000 – ₹1,00,000 (approx.)
- Contested Divorce: 3–5 years (or more), ₹50,000 – ₹3,00,000 (depends on lawyer & complexity)
Frequently Asked Questions (FAQ)
Q1. Can I get a divorce without going to court?
No, all divorces in India must be granted by a court.
Q2. Can the 6-month waiting period be waived?
Yes, courts may waive it in exceptional cases where reconciliation is impossible.
Q3. Who gets custody of children?
Custody depends on the best interest of the child, not just financial status.
Q4. Do I need to live separately before filing divorce?
For mutual consent, at least 1 year of separation is required.
Final Thoughts
Filing for divorce in India can be a long process, especially in contested cases. To make the process smoother, always consult a qualified lawyer, keep all documents ready, and try for mutual settlement whenever possible.
Remember, divorce doesn’t mean the end of life – it means the start of a new chapter with dignity and peace.
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