Overview
When both spouses agree the marriage should end, mutual consent divorce is the cleanest route: a joint petition, a settlement covering alimony, property, and child custody, and two court motions. The statutory six-month cooling period between motions can be waived by the court where reconciliation is clearly impossible, and courts routinely allow video-conference appearances — which is why even couples living in different cities or countries complete it smoothly. The real work is the settlement deed: everything you agree now is what protects you later.
Key Provisions — Hindu Marriage Act / Special Marriage Act, 1955 / 1954
- Section 13B HMA — divorce by mutual consent after one year of separation; two motions to the court, ordinarily 6 months apart.
- The Supreme Court permits waiver of the 6-month cooling period where the marriage is irretrievably over and issues are settled.
- A comprehensive settlement (alimony, stridhan, property, custody, and withdrawal of cases) is recorded with the decree and is enforceable.
- Video-conference appearance is routinely allowed for parties in different cities or abroad.
What You Can Get
How We Handle It
Settlement First
We negotiate and draft the settlement — alimony, property, stridhan, custody, case withdrawals.
First Motion
Joint petition filed; statements recorded before the family court.
Waiver / Cooling Period
Waiver application where grounds exist; otherwise the six-month wait.
Second Motion & Decree
Final statements and the divorce decree — the marriage ends legally.
Frequently Asked Questions
Can we divorce by mutual consent within one year of marriage?
Section 13B needs one year of separation. In cases of exceptional hardship the court can allow earlier filing under Section 14 — we assess whether your facts qualify.
My spouse and I live in different countries — is it still possible?
Yes. Courts allow video appearances and even representation through POA for parts of the process; mutual consent is the most NRI-friendly divorce route.
Legal Connect connects you with independent family-law advocates; we are not a law firm and this page is general information, not legal advice. Family matters are handled with complete confidentiality — call +91 22 6555 3444.