Complete Guide to Mutual Divorce in Mumbai: Eligibility, Documents, Process, Fees & Timelines
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 Mumbai 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. If the parties have any child, then they also need to provide birth certificate of the child.
ID Address Proof of Husband and Wife
Wedding Card or Marriage Certificate
Birth Certificate of the Child (If any)
Please Note
To file a case in the Mumbai Family Courts, either the address proof of the husband or wife, or the wedding card, must mention an address within Mumbai
Stepwise Process of Mutual Divorce in Mumbai 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. We work in the family courts of Bandra and Thane. 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 the court. Within few days after that, the court checks the case file, and if everything is in order, the first motion is completed. If anything is missing in the case file, then we need to remove the objections, and once all objections are removed, the first motion is completed.
Step 5: Cooling off Period/Mediation/Counselling
After the first motion hearing, the case gets listed for a counseling session where a family counselor tries to patch things up between the husband and wife. If the counseling fails, then the case gets listed for a final court hearing, six months after the first motion. If husband and wife do not want to wait for six months, then one week after the first motion hearing, they can file an application for a waiver of six months. If the waiver is allowed, then the second motion hearing gets preponed.
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 ₹20,000. After receiving the payment, we schedule the second motion hearing so the parties need to visit the court again. In the second motion hearing, the honorable family judge records the final statement of the husband and wife, after which the divorce is granted.
Step 7: Divorce Decree
Once the Divorce is granted, we apply for the divorce decree in the family court. The court takes 1-2 months to provide us the divorce decree. 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 a case fee of ₹40,000, payable in 3 easy parts:
1st Payment ₹5,000 only
Drafting
2nd Payment ₹15,000 only
First Motion
3rd Payment ₹20,000 only
Second Motion
Timeline for Mutual Divorce case in Mumbai Family Courts
The timeline for a mutual divorce case in Mumbai 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 6-8 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.
Conclusion
Filing for mutual divorce in Mumbai is a structured and cooperative legal process that requires clarity, mutual agreement, and timely action from both spouses. As outlined in this guide, the journey involves verifying eligibility, collecting necessary documents, agreeing on divorce terms, and attending court hearings in a step-by-step manner.
Our team supports you through every stage — from form submission to getting the final divorce decree — ensuring the process remains smooth, transparent, and legally sound. With affordable fee structures and experienced assistance in Mumbai’s Family Courts, we aim to make your mutual divorce journey as simple and stress-free as possible.
If you and your spouse are ready to move forward amicably, take the first step by filling out the Mutual Divorce Application Form today.
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FAM Legal, 76 B, 7th floor, Bajaj Bhavan, Nariman Point, Mumbai- 400021
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