How long does a mutual consent divorce take in India?

A mutual consent divorce in India typically takes between six months and eighteen months, depending on the court's workload and whether the mandatory cooling-off period is waived. It is the fastest and least contentious route to divorce when both spouses agree on separation and its terms.

Key points

• Mutual consent divorce requires both spouses to agree on the divorce itself and on issues like maintenance, custody, and property.
• The process involves two motions — a first motion, followed by a statutory cooling-off period, then a second motion for the final decree.
• The cooling-off period is usually six months, but the Supreme Court has held that courts may waive it where the marriage has clearly broken down and reconciliation is impossible.
• Both parties must have been living separately for at least one year before filing.
• Clear, written settlement terms speed up the process and prevent later disputes.

Relevant law

For Hindus, mutual consent divorce is governed by Section 13B of the Hindu Marriage Act, 1955. Couples married under civil law use Section 28 of the Special Marriage Act, 1954. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held the six-month period is directory, not mandatory, allowing waiver in appropriate cases. The Family Courts Act, 1984 governs jurisdiction.

What you can do

• File a joint petition for mutual consent divorce before the Family Court in Nagpur.
• Prepare a clear settlement agreement covering maintenance, custody, and property division.
• Request a waiver of the cooling-off period if you have already lived separately for a long time.
• Consult a family lawyer in Nagpur to draft the petition and settlement to avoid delays.