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How long does a mutual consent divorce take in India?

My spouse and I have agreed to separate amicably. How long does a mutual consent divorce actually take from start to finish?
Anil Pillai Nagpur, Maharashtra 14 Jun 2026 238 views
LegalFirms — System-Generated Answer
General legal information · not legal advice

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.

This is a system-generated summary based on general principles of Indian law, to help you understand your situation. It’s general legal information, not legal advice, and may not reflect the specifics of your case. For guidance on your matter, consult a verified advocate below.

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1 Advocate Answer

Saklen Mansur Mujawar
Saklen Mansur Mujawar
Verified Advocate
Kolhapur · 2 yrs exp · 2 answers · 6d ago
If both you and your spouse have mutually agreed to divorce, the process is generally simpler and faster than a contested divorce.

In a mutual-consent divorce, the usual timeline is around **6 to 8 months** from filing the petition to obtaining the final divorce decree.

The process generally involves two stages:

1. **First Motion:** Both spouses jointly file the divorce petition and record their consent and settlement terms.
2. **Second Motion:** After the statutory waiting period, both parties confirm their consent, following which the Court may pass the final divorce decree.

In appropriate cases, the **six-month waiting period can be waived by the Court**, depending on the facts and whether issues such as maintenance/alimony, children, property and other disputes have been completely settled.

Therefore, the exact time will depend on the Court's schedule and the circumstances of your case.
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