For mutual divorce to take place:
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.
To file a case in the Delhi Family Courts, either the address proof of the husband or wife, or the wedding card, must mention an address within Delhi
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.
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.
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.
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.
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. Delhi has six Family courts: Dwarka, Saket, Patiala House, Rohini, Tis Hazari and Karkardooma. Husband and wife need to visit their respective court to sign the file and get the case file attested via an oath commissioner. On the same day, the case is filed in court and a few days after that, it gets listed for a First Motion hearing so husband and wife need to visit the court again. On the hearing date, the honorable family judge records the statements of both parties, if everything is in order.
After first motion hearing, the court gives six months’ time to husband and wife to think over. If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can move to Step 6 by filing an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets scheduled before six months.
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. Husband and wife need to visit the same court again, to sign the file and get the case file attested via an oath commissioner. On the same day, the case is filed in court and a few days after that, it gets listed for a First Motion hearing so husband and wife need to visit the court again. On the hearing date, the honorable family judge records the statements of both parties, if everything is in order. Once this is done, the mutual divorce is granted.
Few days after the second motion hearing, Delhi 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.
We charge case fee in 3 easy parts:
Drafting
First Motion
Second Motion
The timeline for a mutual divorce case in Delhi Family Courts 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.
Filing for mutual divorce in Delhi can be a smooth and structured process when both spouses are in agreement. As this complete guide outlines, mutual consent, essential documents, and a clear understanding of the steps involved are key to a successful outcome. From confirming your decision to receiving the final divorce decree, each stage is designed to ensure that the process remains fair, transparent, and legally valid.
Whether you’re filing in Dwarka, Saket, Patiala House, or any other Delhi family court, our team is here to assist you every step of the way — from application to decree — with expert guidance and affordable, fixed-fee packages.
If you and your spouse are ready to move forward amicably, take the first step by filling out the Mutual Divorce Application Form today.
+91 93100 47950
+91 93100 47950
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