Complete Guide to Mutual Divorce in Gurgaon: Eligibility, Documents, Process, Fees & Timelines
Eligibility for filing a Mutual Divorce case
For mutual divorce to take place:
- Both the husband and wife must consent to the divorce.
- The couple must have mutually agreed upon the terms of the divorce including child custody, alimony, maintenance, and other related matters.
- The couple must not have been living as ‘husband and wife’ for a minimum of one year.
Documents Required for Mutual Divorce in Gurgaon Family Courts
To file a mutual divorce case in the Family Court, both the husband and wife need to provide their ID and address proof, along with a proof of marriage. The document required for proof of marriage may vary depending on the type of marriage ceremony. It could be a Marriage Invitation Card, Marriage Photo, or Marriage Certificate.
ID Address Proof of Husband and Wife
Wedding Card or Marriage Certificate
Please Note
To file a case in the Gurgaon Family Courts, either the address proof of the husband or wife, or the wedding card, must mention an address within Gurgaon.
Stepwise Process of Mutual Divorce in Gurugram (Gurgaon) Family Court
The mutual divorce process is completed in 7 steps, as mentioned below. These steps cover the entire process, right from the start till the time the husband and wife get a divorce decree.
Preliminary Step: Confirm Your Decision
Are you certain about pursuing a divorce? It’s a significant decision, and we advise you to discuss it with family, relatives, or friends before taking this major step. You might also consider consulting a Marriage Advisor before finalizing your decision. Once you’ve made up your mind to proceed with the divorce, you can move on to Step 1.
Step 1: Fill Mutual Divorce Application Form
Within 24 hours of receiving your details, we will send an email to both the husband and wife with the next steps to follow.
Step 2: Finalize Divorce Terms and Share Documents
In a mutual divorce, all the divorce terms related to alimony or maintenance, child custody, distribution of assets, etc. are to be decided mutually by the husband and wife. Once these terms are decided, we ask the husband and wife to share their documents with us. Once we verify the documents, we go to Step 3.
Step 3: Make First Payment and get Mutual Divorce Petition
After verification of documents, we ask the parties to make their first payment of ₹5,000. After receiving the payment, we prepare and share the Mutual Divorce Petition with the parties. Husband and wife are required to check the petition carefully and let us know if any changes are required. Once they confirm everything is fine, then we move to Step 4.
Step 4: Make Second payment and schedule First Motion hearing
Once the petition is finalized, we ask the parties to make their second payment of ₹15,000. After receiving the payment, we schedule the first motion hearing. The husband and wife need to visit the court to sign the file and get the case file attested via an oath commissioner. The wife also needs to bring a family member along. On the same day, the case is filed in court and it gets listed for a First Motion hearing where the honorable family judge records the statements of both parties, if everything is in order.
Step 5: Cooling off Period
After the first motion hearing, the case gets listed for a second motion hearing after six months. If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can file an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets preponed.
Step 6: Make Final Payment and schedule Second Motion hearing
If husband and wife remain firm on their decision to divorce, we ask the parties to make their final payment of ₹15,000. After receiving the payment, we schedule the second motion hearing. The husband and wife need to visit the court again. The wife also needs to bring a family member along. In the second motion hearing, the honorable family judge records the statements of both parties, if everything is in order. Once this is done, the mutual divorce is granted.
Step 7: Divorce Decree
1-3 weeks after the second motion hearing, Gurugram Family Court provides two divorce decrees, one for the husband and one for the wife. As soon as we get it from the court, we mail it to the parties. The parties can also collect the divorce decree from our office.
Mutual Divorce Fees
We charge case fee in 3 easy parts:
1st Payment ₹5,000 only
Drafting
2nd Payment ₹15,000 only
First Motion
3rd Payment ₹15,000 only
Second Motion
Timeline for Mutual Divorce case in Gurugram (Gurgaon) Family Courts
The timeline for a mutual divorce case in Gurugram Family Court may vary depending on several factors such as the availability of the husband and wife on court working days, their willingness to complete the required tasks on time, the rush in a particular court, etc.However, in general, if the waiver of 6 months is filed just after the first motion and it gets allowed, then the entire process can be wrapped up in 1-2 months. On the other hand, if the waiver is not allowed, then it takes about 6-7 months to complete the process. It's important to note that these timelines are subject to change based on individual circumstances and the specific details of each case.
Conclusion
Navigating a mutual divorce in Gurgaon can be a smooth and efficient process when both partners are in agreement and have clarity on the required steps. This guide has covered everything—from eligibility and documents to the stepwise procedure, fees, and timelines—ensuring you’re well-informed at every stage. Whether you’re a resident of Gurgaon or currently living abroad, our expert legal team is here to simplify the process and support you until the final decree. If you’re ready to take the next step, fill out the Mutual Divorce Application Form and let us assist you professionally and compassionately
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FAM Legal, 306, A Block, Lawyer's Chamber, District Court, Gurgaon-122001
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