8. What happens if the husband or wife changes their mind during mutual divorce?

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.

Adv. Prateek Maheshwari

Adv. Prateek Maheshwari, a Family Advocate since 2016, is the founder of FAM Legal, a law practice dedicated exclusively to mutual divorce cases in Delhi, Noida, Mumbai, Gurugram, and Bengaluru.

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