Mutual Divorce in Delhi

To begin your mutual divorce process in Delhi, one spouse fills out our Mutual Divorce Online Form and pays the ₹1,000 fee. Once the form is submitted, we initiate a confidential email conversation with husband and wife within 12 hours. We first advise careful reconsideration. If both parties remain firm in their decision, we then guide them through discussing mutual settlement terms of divorce.

While the initial stages (filling the form, receiving documents, and consultations) can be managed online, the final legal steps require physical presence or formal procedures:

1. Signing Documents:
   Both spouses must physically sign the first and second motion papers. If either party is outside Delhi, we can mail the documents for signing. The signed papers must then be notarized locally and the originals mailed back to us for court submission.
2. Court Appearances:
   Physical presence is mandatory for court hearings in Delhi. The city has six family courts (Dwarka, Saket, Patiala House, Rohini, Tis Hazari and Karkardooma), and your case is filed based on the address on your documents.
3. Exceptions for NRIs/Non-Residents:
   In exceptional cases (e.g., NRIs living abroad), you can request virtual hearings. However, this is solely at the judge’s discretion and not guaranteed. Alternatives include appointing a representative via a Special Power of Attorney (SPoA).

Our Delhi Office is located at:

FAM Legal
1/7115, Post Office Lane,
Shivaji Park, Shahdara,
Delhi – 110032

To book an appointment, please visit: https://mutualdivorcelawyer.co.in/consultation/

To establish jurisdiction and file your case in Delhi, you must meet one of two criteria:

1. Provide a valid Delhi address proof (like Aadhaar Card, Passport, Driving License or Voter ID) in the name of either the husband or wife, or
2. Provide proof that your marriage was solemnized in Delhi.

A rent agreement is generally not accepted as valid address proof by the Delhi family courts.

Additionally, you must submit an original marriage proof, which can be:

• Marriage Certificate
• Wedding Invitation Card
• A certificate issued by the religious institution where the marriage was solemnized

The mutual divorce process in Delhi follows a structured 7-step approach:

1. Start Online: One spouse fills out our Mutual Divorce Online Form and pays the ₹1,000 fee. This initiates a confidential email conversation with both parties.
2. Share Settlement Terms & Documents: Finalize mutual agreements (child custody, maintenance, etc.) and submit required documents.
3. Petition Finalization (₹9,000): We draft and finalize your court petition with all terms.
4. First Motion (₹15,000): Both spouses sign the petition (in person or via post if outside Delhi). The judge records statements at the hearing.
5. Cooling-Off Period: A 6-month waiting period (can be waived by court application after 1 week).
6. Second Motion (₹20,000): Both spouses sign the petition (in person or via post if outside Delhi). Both parties reaffirm consent at the final hearing. The judge approves the divorce.
7. Receive Decree: The court issues the divorce decree, mailed to you or collected from our office.

For a mutual divorce in Delhi, both spouses typically need to visit the court four times:

1. First Motion Signing: To physically sign the joint petition at the court.
2. First Motion Hearing: To appear before the judge to record your initial statements and consent.
3. Second Motion Signing: To sign the second motion petition at the court.
4. Second Motion Hearing: To reappear before the judge to reaffirm your mutual consent and obtain the final divorce decree.

Please note: Court schedules can be unpredictable. Occasionally, hearings may be postponed due to judicial leave, administrative delays, or incomplete paperwork, which could require additional visits. We strive to minimize these inconveniences by ensuring all documents are meticulously prepared and filed correctly.

Note: If either spouse is outside Delhi, documents can be mailed for signing (after notarization), but physical presence is mandatory for hearings unless the court grants an exemption for virtual appearance, which is rare and subject to the judge’s discretion.

The timeline varies. If the court allows a waiver of the 6-month waiting period, the process can be completed in 1-2 month . Without the waiver, it typically takes 6-7 months. Timelines depend on factors like court schedules and your cooperation.

You can complete the mutual divorce process even if you live outside Delhi or abroad. Here’s how we facilitate it:

1. Signing the Petition: We will courier the mutual divorce petition to your current address. You will need to sign it in the presence of a local notary who can attest your signatures.
2. Court Appearances (Hearings):
   • Option 1: Virtual Hearing: We can file an application requesting permission for you to appear via video conference. The grant of this request is at the discretion of the judge.
   • Option 2: Nominate a Representative: If an online hearing is not granted, you can formally nominate a family member (with a notarized authorization letter) to appear in court on your behalf for the motions.

Note for NRIs: For clients residing abroad, we have a dedicated process and fee structure for NRI Mutual Divorce to handle the additional complexities.

The fee is ₹15,000 higher for NRIs because they typically cannot travel to India for the court proceedings, which necessitates additional legal work. However, if an NRI client is able to travel to India for the required hearings, the additional fee will be waived.