Mutual Divorce in Delhi
Find all the essential information on mutual divorce in Delhi, including eligibility, required documents, process, fees, and timelines.
Table of Contents
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 Delhi 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.
It’s important to note that for filing a case in Delhi Family Courts, at least one of these documents must have an address within Delhi.
ID Address Proof
Invitation card
Marriage Certificate
Stepwise Process of Mutual Divorce in Delhi Family Courts
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. 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.
Step 5: Cooling off Period
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.
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. 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.
Step 7: Divorce Decree
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.
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 Delhi Family Courts
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.