Mutual consent divorce (complete case)

Overview

Both of you agree to separate. A family lawyer drafts the joint petition, including alimony, custody and the split of assets, files it in the family court and appears with you until the decree.

What's included

Questionnaire to record your details and terms
Joint petition with alimony, custody and asset terms
Filing in the right family court
Lawyer present at the first and second motion
Help with the cooling-off waiver where it applies
Status updates in your account and by email

Steps involved in Mutual consent divorce (complete case)

1

Questionnaire

Share your marriage details and the terms you both agree on.
2

Draft and approve the petition

The lawyer drafts the joint petition; you both review it.
3

Sign and send documents

Sign the petition and affidavits and share the documents.
4

Filing

The petition is filed in the family court with jurisdiction.
5

First motion

You both appear before the judge with the lawyer and give statements.
6

Cooling-off period

The law gives up to 6 months to reconsider; the court can shorten it in suitable cases.
7

Second motion and decree

You appear again, confirm consent and the court grants the divorce decree.

Documents required

Address proof of both spouses (Aadhaar, passport, voter ID or driving licence)
Marriage certificate
Wedding photographs
Proof of living apart for at least a year
Proof that attempts to reconcile failed (counselling, letters, emails)
Income tax returns of both for the last 3 years
Date of birth proof of both

Things to know

Court fees, stamp paper and notary charges are separate.
A mutual divorce usually takes 6 to 18 months; with a waiver of the cooling-off period it can finish sooner.

The LawConnect assurance

Verified advocates

Bar Council enrolment checked by LawConnect.

Private and confidential

Your matter is seen only by your advocate.

Free cancellation

Within 2 hours of booking.

Upfront fees

Government fees listed separately.

Payment structure

100%

Professional fee, paid at booking

100% at booking · court fees separate

Government, court and stamp fees

Court fees, stamp paper and notary charges are separate.

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Frequently asked questions

A couple who have lived separately for at least one year and both agree the marriage cannot continue. Under the Hindu Marriage Act it is Section 13B; the Special Marriage Act has a similar Section 28.

Yes. Courts can waive it when the separation is long, settlement terms are agreed and there is no chance of reconciliation. Your lawyer will tell you if your case qualifies.

Usually both spouses attend the first and second motion. Some courts allow appearance by video, especially when one spouse lives abroad.

Yes, either spouse can withdraw consent before the decree. The court then cannot grant a mutual divorce.

Court fees, stamp paper, notary and travel. Contested matters, appeals or extra applications are quoted separately.

A Bar Council verified advocate who practises in this area. You can also choose an advocate from their profile before booking.

Yes. Your matter and documents are visible only to you, your advocate and support staff when you ask for help.

Yes, from My Bookings. It is free within 2 hours of booking; after that a cancellation fee may apply.

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Divorce consultation

30 mins–45 mins

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Documents you will need
Expected timeline and court fees

From ₹999 3 options