Complete Guide to Mutual Divorce in Gurugram

A husband and wife peacefully agreeing for Mutual Divorce

What is Mutual Divorce?

Mutual Divorce is a peaceful and respectful way for married couples to separate legally when both agree to end the marriage. In this process, both husband and wife mutually decide on key matters like child custody, alimony, and property division, making the entire process quicker and more harmonious.

How to Start?

“Your first step to filing mutual divorce — submit the divorce form, pay ₹999, and then we we will email you and your spouse your Mutual Divorce Papers within 24 hours.”

Gurugram Mutual Divorce Form

    What Happens After You Submit the Form and pay ₹999?

    By submitting this form and paying a ₹999 fee, you will receive your Mutual Divorce Papers within 24 hours. These papers include a personalized draft of your divorce petition and a clear checklist of required documents, helping you and your spouse understand the process, discuss terms openly, and make informed decisions about your next steps—with no obligation to proceed further.

    Below is the complete step-by-step process in detail.

    7-Step Process of Mutual Divorce in Gurugram Family Courts

    A person filing FAM Legal Mutual Divorce Application Form from his mobile
    Step 1: Fill the Divorce Form (Fee ₹999)

    Start with clarity. For ₹999, fill our Mutual Divorce Online Form and receive your Mutual Divorce Papers within 24 hours. Understand the process, discuss terms with your spouse, and decide your next steps—with no obligation to proceed further.

    Share Terms and Documents for your mutual divorce
    Step 2: Share Terms and Documents

    You provide us with all the mutually agreed-upon terms on critical matters like child custody, maintenance, and property division. Simultaneously, we’ll collect all necessary documents, including proof of address and marriage, to accurately begin drafting the court petitions.

    FAM Legal provides an editable mutual divorce petition which the husband and wife can refer and complete later
    Step 3: Finalize Mutual Divorce Petition (Fee: ₹9,000)

    We finalize your joint mutual divorce petition and all supporting affidavits, ensuring all mutually agreed terms are accurately incorporated and the necessary documents are properly attached. 

    A Family Judge recording statement of husband and wife for first motion
    Step 4: First Motion Hearing in Court (Fee: ₹15,000)

    Once your Mutual Divorce Petition is finalized, the husband and wife will need to visit the Gurgaon court to sign the petition. On the same day, we will file your case in the family court, and the first motion hearing will take place. At this hearing, we will present your case before the judge, who will record the initial statements and consent from both parties.

    Husband and wife deciding weather to go for final hearing of mutual divorce
    Step 5: Cooling off Period

    After the first motion, the court directs the couple to observe a six-month cooling-off period. If the parties wish to proceed sooner, they can jointly file an application to waive this period. If the waiver is granted by the court, the second motion hearing can be scheduled earlier than six months.

    Step 6: Second Motion Hearing in Court (Final Fee: ₹15,000)

    We represent you at the final hearing where both parties reaffirm their mutual consent for divorce before the judge. This concludes the court appearances, leading to the judge’s approval of the divorce decree.

    An image depicting mutual divorce decree from Bangalore Family Court
    Step 7: Divorce Decree from Court

    Shortly after the second motion hearing, the Gurgaon Family Court issues two certified divorce decrees—one for the husband and one for the wife. We promptly mail these to both parties upon receipt from the court. Alternatively, the parties may collect the decrees directly from our office.

    Mutual Divorce Fees

    We charge a case fee of ₹40,000, payable in 4 easy parts:

    1st Payment ₹999 only

    Mutual Divorce Papers

    2nd Payment ₹9,000 only

    Settlement Terms & Documents

    3rd Payment ₹15,000 only

    Mutual Divorce First Motion

    Final Payment ₹15,000 only

    Mutual Divorce 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.

    Mutual Divorce in Gurgaon

    To begin, simply fill out our mutual divorce form and pay a fee of ₹999. Within 24 hours, you will receive your Mutual Divorce Papers within 24 hours. These papers include a personalized draft of your divorce petition and a clear checklist of required documents, helping you and your spouse understand the process, discuss terms openly, and make informed decisions about your next steps—with no obligation to proceed further.

    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:

    1. Provide a valid Gurgaon address proof in the name of either the husband or wife, or
    2. Provide proof that your marriage was solemnized in Gurgaon.

    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:

    1. Start Online: Fill our form and pay ₹999 to receive your Mutual Divorce Papers within 24 hours.
    2. Share 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 Hearing (₹15,000): Both spouses physically sign the petition in court. The judge records statements.
    5. Cooling-Off Period: A 6-month waiting period (can be waived via court application).
    6. Second Motion Hearing (₹15,000): Both parties reaffirm consent. The judge approves the divorce.
    7. 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:
      1. First Motion Hearing: To record your initial joint statement and consent before the judge.
      2. 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:
      1. First Motion Hearing: To record your initial consent.
      2. Waiver Application Hearing: To formally request the waiver of the 6-month period.
      3. 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.

    Our Testimonials

    Real stories from Gurugram couples who trusted us for their mutual divorce process. Names below are changed for confidentiality

    Office

    FAM Legal, 306, A Block, Lawyer's Chamber, District Court, Gurgaon-122001 

    Call Us

    +91 93100 47950

    Whatsapp Us

    +91 93100 47950

    Working Hours

    (10 am to 7 pm IST, Mon-Sat)

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