Mutual Divorce FAQ
Welcome to our comprehensive FAQ page on mutual divorce. Here, we address common questions and concerns related to the mutual divorce process, fees, legal aspects, and more. We understand that seeking a divorce involves navigating through various aspects, and we’re here to provide you with clear and concise answers.
Mutual Divorce Laws FAQ
Section 13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
Section 28. Divorce by mutual consent.
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
The Christian Marriage Act provides for laws relating to the solemnization of marriage among Christians in India. The Divorce Act provides for divorce among Christians in India.
Section 10A of the Divorce Act, 1869. Dissolution of marriage by mutual consent.
(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.
Section 32B. Divorce by mutual consent.
32B. Divorce by mutual consent.—(1) Subject to the provisions of this Act, a suit for divorce may be filed by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved:
Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage.
(2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Mutual Divorce Application Form FAQ
The Mutual Divorce Application Form is your first step toward Mutual Divorce. One spouse fills out this 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.
The Mutual Divorce process involves 7 clear steps:
- Preparation of Mutual Divorce Papers
- Finalization of terms and documents
- Court filing and first motion
- Cooling-off period/mediation
- Second motion hearing
- Final court appearance
- Receiving your divorce decree
🔗 For full details, see our stepwise guide:
Step-by-Step Process of Mutual Divorce
No, the entire process of mutual divorce cannot be completed online. Both spouses are required to physically sign the Mutual Divorce Petition and appear before the Family Court for hearings.
However, in exceptional cases—such as if one or both spouses are residing abroad (NRIs) or have a valid reason preventing physical attendance—they may request the court to allow virtual hearings. The judge will assess the circumstances and decide whether online hearings can be granted. The final approval depends on the court’s discretion.
Yes, absolutely. If you or your spouse are a resident of, or were married in, any of these cities: Delhi, Noida, Gurugram, Mumbai, or Bengaluru, you are eligible to fill out our form to begin the process.
For our clients residing abroad, we offer a dedicated NRI Mutual Divorce service. This is designed to handle the additional complexities of international logistics, such as document notarization, shipping, and coordinating with Indian courts. This process has a customized fee structure to cover these specific requirements.
Yes, your information is secure with us. We take your privacy seriously and have implemented security measures to protect the data you provide.
Mutual Divorce Stepwise Process FAQ
The first step is that one spouse fills out our Mutual Divorce Application 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.
The mutual divorce terms and conditions are the agreements reached between the spouses regarding various aspects of their separation, such as Child Custody, maintenance, alimony, property division, and other relevant matters. These terms outline how the couple will manage their post-marital lives and responsibilities.
The divorcing spouses themselves need to decide these terms and conditions through mutual agreement. They negotiate and discuss each aspect, considering their individual needs and circumstances. Legal professionals or mediators may assist in facilitating these discussions and ensuring that the terms are legally sound and fair to both parties. Both spouses need to consent to the terms before they can be finalized and submitted to the court for approval. Once both parties are satisfied with the terms, they are documented in a legally binding agreement and presented to the court as part of the mutual divorce process.
It’s important to note that in a mutual divorce, the court’s involvement is generally limited to approving the terms and conditions that the spouses have agreed upon regarding Child Custody, maintenance, alimony, property division, and other relevant matters. The court’s role is to ensure that the agreed-upon terms are legally sound and in accordance with applicable laws. If the terms are fair and reasonable, the court is likely to approve them. However, if the court finds any terms to be unjust or against legal norms, it might ask for revisions or adjustments. In essence, while the court does review and approve the terms, the actual decision-making process is primarily carried out by the divorcing spouses through negotiation and agreement.
The time period for a mutual divorce case may vary depending on several factors. These factors include the availability of both husband and wife on court working days, their willingness to promptly complete all necessary tasks, and the workload of the particular court.
In general, if both husband and wife efficiently fulfill all formalities and the court processes the waiver of the six-month waiting period immediately after the first motion, completing the entire process can take as little as 1-2 months.
However, if the parties do not file the waiver application for the six-month waiting period, or if they file it but the court does not approve it, then the mutual divorce process can take approximately 6-7 months to finalize.
Furthermore, in the event that either party wishes to wait for more than six months before finalizing the dissolution of their marriage after the first motion hearing, they have the option to postpone the second motion hearing for a maximum period of 18 months from the date of the first hearing.
👉 To begin your mutual divorce process online, click here to fill the application form.
No, a Mutual Divorce case does not linger on in courts. In mutual divorce, both parties (husband and wife) seek the same relief from the court, which streamlines the process and ensures a quicker resolution. The cases that tend to linger on are those where one party seeks particular relief while the other opposes it, as seen in contested divorce cases. In such contested scenarios, the court may take longer to resolve the issues and reach a final decision. Therefore, mutual divorce cases are generally known for their efficiency and relatively swift conclusion.
When facing a situation where your spouse is not providing maintenance or alimony during a mutual divorce, it’s essential to take a careful and strategic approach. Agreeing to the mutual divorce right away might seem like a quick solution, but it could lead to financial difficulties in the future.
Instead, you should seriously consider your right to claim maintenance or alimony from your spouse. To do this, you will need to initiate a separate legal case focused on securing the financial support you deserve.
By filing a case for maintenance or alimony, you ensure that your rights are acknowledged and addressed through the legal process. This course of action allows the court to thoroughly evaluate your situation and your spouse’s capacity to provide support. Factors such as your financial needs, living expenses, and any other dependent family members will be considered during this evaluation.
Although this process may take some time and could involve some complexities, pursuing a separate case is crucial to safeguard your financial well-being, especially if you are dependent on your spouse’s support. The court’s decision will be based on fairness and equity, aiming to ensure that you receive adequate financial assistance after the divorce.
Remember, consulting with a knowledgeable family law attorney can significantly help you navigate the legal complexities involved in securing maintenance or alimony. They can provide you with guidance, represent your interests in court, and work towards achieving a favorable outcome for you. Taking this approach empowers you to protect your rights and financial stability during and after the divorce process.
If either the husband or wife changes their mind during mutual divorce, the case will get stuck. Without both parties’ agreement, the divorce cannot proceed. In this situation, the spouse seeking divorce has two options: wait for the other spouse to agree or file a contested divorce case.
During a mutual divorce, both spouses need to agree to end the marriage. If one person, whether it’s the husband or wife, no longer wants the divorce, it creates a problem. It’s important to talk openly and honestly during the process to understand each other’s feelings.
If the couple can resolve their differences and agree again, they can continue with the mutual divorce. But if they can’t, they’ll have to go through a contested divorce. This involves a longer legal process, where the court decides on issues like child custody and property division.
If both the husband and wife decide not to pursue the mutual divorce case, they have options to withdraw it gracefully. They can file a withdrawal application or verbally record their statement before the judge. Alternatively, if they prefer not to attend court, they can simply skip their hearing dates, leading to the case being dismissed by default. This allows them to conclude the matter without further legal proceedings.
Mutual Divorce Documents FAQ
Documents Required for Mutual divorce: To file a Mutual Divorce case, you will need the ID and address proof of both spouses, as well as proof of marriage. These documents are essential for initiating the legal process.
If you have children, certain courts may require the birth certificates of the children. Furthermore, if both the husband and wife have entered into a mutual agreement prior to filing the case, that agreement is also necessary.
Proof of marriage can vary based on how the marriage was solemnized. It could include documents such as a Marriage Invitation Card, Marriage Photo, or a Marriage Certificate issued by a recognized authority.
No, Marriage Registration is not necessary for filing a Mutual Divorce case.
Yes, you can file for a mutual divorce case without marriage certificate as marriage registration is not necessary for the purpose of filing a case. If you don’t have a Marriage Certificate, you can provide alternative forms of marriage proof such as a Marriage Invitation Card or Marriage Photo.
If you have lost the registered marriage certificate, you can obtain a duplicate certificate from the same registration office.
You can submit a photo from the marriage function where the faces of both the husband and wife are clearly visible.
You can reach out to the same Arya Samaj Mandir to obtain a new certificate.
You can reach out to the same Church to obtain a new certificate.
We take your privacy seriously. Rest assured that the information and documents you provide are kept confidential and secure in accordance with legal and ethical standards.
Mutual Divorce Lawyer Fees FAQ
Mutual Divorce Fees
For Resident Indians:
- The total fees for a mutual divorce case is Rupees ₹45,000.
- This fee covers both parties (husband and wife) in court and is divided into 4 installments:
- 1st Payment ₹1,000 for Divorce Application
- 2nd Payment ₹4,000 for Divorce Petition
- 3rd Payment ₹20,000 for First Motion
- 4th Payment ₹20,000 for Second Motion
For NRIs:
- The total fees for an NRI mutual divorce case is Rupees ₹60,000.
- This fee covers both parties (husband and wife) in court and is divided into 4installments:
- 1st Payment ₹1,000 for Divorce Application
- 2nd Payment ₹9,000 for Divorce Petition
- 3rd Payment ₹25,000 for First Motion
- 4th Payment ₹25,000 for Second Motion
The fees as mentioned above is inclusive of everything and we represent both parties (husband and wife) in court, within this fees.
For Resident Indians, the fee of ₹45,000 covers both parties (husband and wife) in court. The same applies to NRIs with a fee of ₹60,000.
The decision of whether it is paid by the husband, the wife, or jointly is left to the parties themselves.
No, we maintain a fixed case fee for everyone and do not negotiate on it.
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.
The first payment of ₹500 is required when submitting the Mutual Divorce Application Form. Subsequent payments should be made only upon receiving a payment request from us via WhatsApp or email.
No, you do not need to make future payments once you’ve initiated the process.
For Resident Indians:
- The 1st payment of ₹500 and 2nd payment of ₹4,500 are non-refundable.
- If you do not schedule any hearing after making the 3rd or 4th payment of ₹20,000, and you request a refund by sending an email to help@mutualdivorcelawyer.co.in within 30 days of making the payment, you will be eligible for a refund of ₹10,000.
- No refund to be processed if you do not schedule a hearing within 30 days of making the 3rd or 4th payment of ₹20,000 and you do not request for a refund.
- No refund to be processed if you cancel a scheduled hearing.
For NRIs:
- The 1st payment of ₹500 and 2nd payment of ₹9,500 are non-refundable.
- If you do not schedule any hearing after making the 3rd or 4th payment of ₹25,000, and you request a refund by sending an email to help@mutualdivorcelawyer.co.in within 30 days of making the payment, you will be eligible for a refund of ₹12,500.
- No refund to be processed if you do not schedule a hearing within 30 days of making the 3rd or 4th payment of ₹25,000 and you do not request for a refund.
- No refund to be processed if you cancel a scheduled hearing.
For more details, refer our Cancellation and Refund Policy.
Yes, for rescheduling a hearing, you will need to make a fresh payment of ₹20,000 for Mutual Divorce of Resident Indians and ₹25,000 for NRI Mutual divorce.
Mutual Divorce Consultation FAQs
No, consultation is not mandatory. You can directly fill out the mutual divorce form to initiate the process.
After making the payment of ₹1,500, you need to email us at help@mutualdivorcelawyer.co.in or whatsapp us at +91 93100 47950.
You need to provide us screenshot of the payment, your name and your preferred date and time for scheduling the video call.
After making the payment of ₹2,500, you need to email us at help@mutualdivorcelawyer.co.in or whatsapp us at +91 93100 47950.
You need to provide us screenshot of the payment, your name and your city for scheduling the physical consultation.
We offer physical consultation in our offices situated at Delhi, Mumbai, Gurugram & Bengaluru.
We provide a consultation of about 20 minutes in which we answer all of your questions related to Mutual Divorce.
You can ask your follow up questions by calling us at +91 9310047950 between 10 am to 7 pm IST (Monday to Saturday); as this mode of consultation is free of cost.
If you have booked a consultation with us, you may cancel it up to 24 hours before the scheduled appointment time to receive a refund of ₹1,000 for Video Call Consultation and ₹2,000 for Physical Consultation.
Yes, for scheduling the consultation again, a fresh payment of ₹1,500 for Video Call Consultation and ₹2,500 for Physical Consultation will be levied.
No, we charge a fix consultation fee for everyone.
Mutual Divorce in Bangalore
To begin your mutual divorce process in Bangalore, 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 can be managed online, the final legal steps require physical presence.
Both spouses must physically sign the mutual divorce petition and are required to appear in person for the court hearings. Bengaluru has two family courts— Bengaluru Urban Court and, Bengaluru Rural Court—and your case will be filed in the one that has jurisdiction based on the address in your documents.
In exceptional circumstances, such as if one or both spouses are NRIs living abroad or have a compelling reason they cannot attend, you can request the court for virtual hearings. However, this is granted solely at the discretion of the judge based on the merits of the situation and is not guaranteed.
Note for NRIs: For clients residing abroad, we have a dedicated process and fee structure for NRI Mutual Divorce to handle the additional complexities. Please contact us directly for details.
Our Bengaluru office is located at:
FAM Legal
839, Lakshmi Narasimha, 5th Main Rd,
Indira Nagar 1st Stage, Indiranagar,
Bengaluru – 560038.
You will need to visit our office once to formally sign the mutual divorce petition and submit your original documents. This is a necessary step to ensure your case is filed correctly with the court. For all other consultations and updates, we are available via phone, email, and WhatsApp for your convenience.
To book an appointment, please visit: https://mutualdivorcelawyer.co.in/consultation/
To establish jurisdiction and file your case in Bengaluru, you must meet one of two criteria:
- Provide a valid Bengaluru address proof in the name of either the husband or wife, or
- Provide proof that your marriage was solemnized in Bengaluru.
A rent agreement is not accepted as valid address proof by the Bengaluru family courts.
To file your case, at least one spouse must have any one of the following documents showing a Bengaluru address (it is not necessary that you currently reside there):
- Aadhaar Card
- Voter ID
- Passport
- Ration Card
- Driving Licence
- Gas Bill
- Electricity Bill
- Bank Passbook
- BSNL Landline Phone Bill
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
Certainly. Once your mutual divorce petition is finalized and filed, the process in Bengaluru Family Courts typically follows these steps:
- First Motion Filing & Hearing: We file the joint petition in the appropriate court (Bengaluru Urban or Rural, based on jurisdiction). The first hearing is then held, where the judge records your statements.
- Mediation Referral: The court typically refers the case to a mediation cell. This is a standard procedure to ensure the decision is mutual and voluntary.
- Final Hearing (Second Motion): After the mediation process is complete, the final hearing is scheduled. If the judge is satisfied that all terms are mutually agreed upon, the divorce is granted.
- Decree Issued: The court issues the mutual divorce decree, legally dissolving the marriage.
For a mutual divorce in Bengaluru, you and your spouse typically need to visit the court at least three times:
- First Motion Hearing: To record your initial joint statement and consent before the judge.
- Mediation/Counseling Session: As directed by the court during the cooling-off period.
- Second Motion Hearing: 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.
Yes, after the first motion hearing, the husband and wife are required to attend a mediation session at the Nyaya Degula Building. A counselor will attempt to resolve the differences between you. If the counseling is unsuccessful or if a waiver is granted, the case will proceed to the next stage.
The timeline varies. If the court allows a waiver of the 6-month waiting period, the process can be completed in approximately 1 month in Bengaluru Urban Court and 2 months in Bengaluru Rural Court. 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 Bengaluru or abroad. Here’s how we facilitate it:
- 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.
- 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.
Mutual Divorce in Gurgaon
To begin your mutual divorce process in Gurgaon, 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 can be managed online, the final legal steps require physical presence at the Gurgaon Family Court. Both spouses must physically sign the mutual divorce petition and are required to appear in person for the court hearings.
In exceptional circumstances, such as if one or both spouses are NRIs living abroad or have a compelling reason they cannot attend, you can nominate a family member to appear in court on your behalf with a notarized Special Power of Attorney (SPoA). The court will review such requests on a case-by-case basis.
Our Gurgaon office is located at:
FAM Legal
306, A Block,
Lawyer’s Chamber,
District Court,
Gurugram-122001
To establish jurisdiction and file your case in Gurgaon, you must meet one of two criteria:
- Provide a valid Gurgaon address proof in the name of either the husband or wife, or
- Provide proof that your marriage was solemnized in Gurgaon.
A rent agreement is accepted as valid address proof by the Gurgaon 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 Gurgaon follows a structured 7-step approach:
- 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.
- Share Settlement Terms & Documents: Finalize mutual agreements (child custody, maintenance, etc.) and submit required documents.
- Petition Finalization (₹4,000): We draft and finalize your court petition with all terms.
- First Motion Hearing (₹20,000): Both spouses physically sign the petition in court. The judge records statements.
- Cooling-Off Period: A 6-month waiting period (can be waived via court application).
- Second Motion Hearing (₹20,000): Both parties reaffirm consent. The judge approves the divorce.
- Receive Decree: The court issues the divorce decree, mailed to you or collected from our office.
The number of court visits required for a mutual divorce in Gurgaon depends on whether you seek to waive the mandatory 6-month cooling-off period:
- Without Waiver (2 Visits):
If you complete the full 6-month cooling-off period, you will need to visit the court twice:- First Motion Hearing: To record your initial joint statement and consent before the judge.
- Second Motion Hearing: To reaffirm your consent and obtain the final divorce decree.
- With Waiver (3 Visits):
If you apply to waive the cooling-off period, you will need to visit the court three times:- First Motion Hearing: To record your initial consent.
- Waiver Application Hearing: To formally request the waiver of the 6-month period.
- Second Motion Hearing: To reaffirm consent and receive the 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.
The timeline varies. If the court allows a waiver of the 6-month waiting period, the process can be completed in approximately 1 month . Without the waiver, it typically takes 6-7 months. Timelines depend on factors like court schedules and your cooperation.
If you reside outside Gurgaon, you can complete the mutual divorce process by nominating a family member to represent you in court. You must appoint a family member (e.g., parent, sibling) through a notarized Special Power of Attorney (SPoA) document. This authorizes them to sign papers, submit documents, and appear in court on your behalf.
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.
Mutual Divorce in Mumbai
To begin your mutual divorce process in Mumbai, 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 can be managed online, the final legal steps require physical presence.
Both spouses must physically sign the mutual divorce petition and are required to appear in person for the court hearings. Mumbai has two family Courts: Bandra and Thane.—and your case will be filed in the one that has jurisdiction based on the address in your documents.
In exceptional circumstances, such as if one or both spouses are NRIs living abroad or have a compelling reason they cannot attend, you can nominate a family member to appear in court on your behalf with a notarized Special Power of Attorney (SPoA). The court will review such requests on a case-by-case basis.
Note for NRIs: For clients residing abroad, we have a dedicated process and fee structure for NRI Mutual Divorce to handle the additional complexities. Please contact us directly for details.
Our Gurgaon office is located at:
FAM Legal
76 B, 7th floor,
Bajaj Bhavan, Nariman Point,
Mumbai- 400021
To establish jurisdiction and file your case in Mumbai, you must meet one of two criteria:
- Provide a valid Mumbai address proof in the name of either the husband or wife, or
- Provide proof that your marriage was solemnized in Mumbai.
A rent agreement is accepted as valid address proof by the Mumbai 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
For a mutual divorce in Mumbai, you and your spouse typically need to visit the court at least two times:
- First Motion Hearing/counselling: To attend a counselling session and record your initial joint statement before the judge.
- Second Motion Hearing/counselling: To attend a counselling session and record your final statement before the judge.
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.
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.
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:
- 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. - 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. - 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).
We have two conveniently located offices in Delhi to serve you better:
- Dwarka Office:
FAM Legal
Invento, 1st Floor, Plot no. 11,
Block A, Sector 12, Dwarka,
New Delhi – 110078 - Shahdara Office:
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:
- 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
- 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:
- 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.
- Share Settlement Terms & Documents: Finalize mutual agreements (child custody, maintenance, etc.) and submit required documents.
- Petition Finalization (₹4,000): We draft and finalize your court petition with all terms.
- First Motion (₹20,000): Both spouses sign the petition (in person or via post if outside Delhi). The judge records statements at the hearing.
- Cooling-Off Period: A 6-month waiting period (can be waived by court application after 1 week).
- 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.
- 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:
- First Motion Signing: To physically sign the joint petition at the court.
- First Motion Hearing: To appear before the judge to record your initial statements and consent.
- Second Motion Signing: To sign the second motion petition at the court.
- 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:
- 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.
- 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.
Mutual Divorce in Noida
To begin your mutual divorce process in Noida, 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 can be managed online, the final legal steps require physical presence at the Noida Family Court. Both spouses must physically sign the mutual divorce petition and are required to appear in person for the court hearings.
In exceptional circumstances, such as if one or both spouses are NRIs living abroad or have a compelling reason they cannot attend, you can nominate a family member to appear in court on your behalf with a notarized Special Power of Attorney (SPoA). The court will review such requests on a case-by-case basis.
To establish jurisdiction and file your case in Noida, you must meet one of two criteria:
- Provide a valid Noida address proof in the name of either the husband or wife, or
- Provide proof that your marriage was solemnized in Noida.
A rent agreement is accepted as valid address proof by the Gurgaon 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
For a mutual divorce in Noida, you and your spouse typically need to visit the court at least three times:
- First Motion Hearing: To record your initial joint statement and consent before the judge.
- Mediation/Counseling Session: As directed by the court during the cooling-off period.
- Second Motion Hearing: To reaffirm your mutual consent and obtain the final divorce decree.
Please note: There could be 1-2 additional visits for signing papers. Also, 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.
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.
NRI Mutual Divorce FAQ
For an Online Mutual Divorce, an NRI needs to have their Mutual Divorce Petition attested by the Indian High Commission or through a local notary. This petition should include an application requesting an online hearing with the Judge.
A Special Power of Attorney (SPoA) for NRI Mutual Divorce is a legal document that authorizes a family member to act on behalf of the NRI spouse during the mutual divorce process.
Mutual Divorce Lawyer follows followings steps to appoint Special Power of Attorney (SPoA) for NRI Mutual Divorce:
- Choose the Agent: Select any adult family member to act as the agent (attorney-in-fact) on the NRI spouse’s behalf. It is crucial to appoint someone who understands the responsibilities involved.
- Provide Documents: Share the ID/address proof document for yourself and the agent.
- Finalize the SPoA Draft: Once we get the required information and documents from you, we prepare the SPoA document that clearly defines the powers granted to the appointed agent for handling the NRI Mutual Divorce proceedings. We share the draft with you so that you check and finalize it.
- Execute the SPoA: We email you the clear instructions on how to sign and execute the SPoA before the Indian High Commission.
Yes, an NRI can file for mutual divorce in the country where they are currently residing. The ability to do so depends on the laws and regulations of the country in which the NRI is living. Different countries have varying residency requirements for filing for divorce. Some may require a specific period of residency before allowing a divorce to be filed. NRIs must be aware of and meet these requirements.
NRIs seeking mutual divorce can consult with legal professionals of the country in which they are living. These experts can provide guidance on the specific procedures and requirements relevant to the jurisdiction in which the divorce is being pursued.
Yes, a foreign mutual divorce decree is considered valid in India. India acknowledges foreign mutual divorce decrees that have been legally obtained and comply with the laws of the respective country. The decree must be both final and conclusive in the foreign jurisdiction.
It’s important to understand that a mutual divorce decree is distinct from a contested divorce decree. In mutual divorce, both the husband and wife agree to the divorce and submit to the jurisdiction of a foreign court. This is why such decrees are accepted as valid.
Conversely, if a divorce is contested, it may be challenged and deemed invalid by Indian courts if they find it appropriate to do so.
- The total fees for an NRI mutual divorce case is ₹60,000.
- This fee covers both parties (husband and wife) in court and is divided into 4 installments:
- ₹1,000 for Divorce Application,
- ₹9,000 for Divorce Petition,
- ₹25,000 for First Motion, and
- ₹25,000 for Second Motion.
FAM Legal FAQ
Unlike traditional law firms that handle a broad range of legal cases, we focus exclusively on mutual divorce. This specialized approach allows us to offer a more streamlined process and a deeper level of expertise tailored specifically to the unique needs of couples seeking an amicable separation.
We specialize in handling mutual divorce cases in Delhi, Noida, Mumbai, Gurugram, and Bengaluru. Our dedicated focus in these jurisdictions gives us unique insight into the specific procedures and nuances of each city’s family courts.
The initial process—consultation, form filling, document sharing, and petition drafting—is done online. You only need to visit the court for signing and hearings. If you’re an NRI or unable to travel, we even help you apply for online hearings or assist you in appointing a legal representative.
Yes. We understand that divorce is a deeply personal matter. All consultations and documents are handled with strict confidentiality and professionalism.
Yes, you’re welcome to visit any of our offices in Delhi, Mumbai, Gurgaon and Bangalore. You can do so by booking a Consultation in advance. This ensures you receive personal attention from our legal team at a time that’s convenient for you.