How long does it take to get a divorce in India?

The time it takes to get a divorce in India can vary greatly depending on several factors, including the type of divorce (mutual consent or contested), the court's workload, and the complexity of issues like child custody, alimony, and property division. The divorce process under Indian law can range from a few months to several years. Different personal laws, like the Hindu Marriage Act, the Special Marriage Act, and others, may have different procedures and timelines.

Divorce Timeline Based on Type of Divorce

1. Mutual Consent Divorce

The fastest and most straightforward type of divorce is mutual consent divorce, where both spouses agree to end their marriage amicably. The process generally follows these steps:

• Joint Petition Filing: Both spouses file a joint petition for divorce, stating that the marriage has broken down irretrievably, and both have mutually agreed to divorce. This can be done in the family court.
• First Motion Hearing: After filing the joint petition, the court will schedule the first motion hearing, where both spouses appear and confirm their willingness to proceed with the divorce. This typically takes 1-2 months.
• Cooling-Off Period: Under the Hindu Marriage Act, a cooling-off period of 6 months is mandatory, which provides a final chance for the couple to reconcile. This period is counted from the date of the first motion hearing.
• Second Motion Hearing: After 6 months (or sometimes less if the court waives the cooling-off period), the court schedules the second motion hearing, where both parties again appear and confirm that they still wish to proceed with the divorce. This generally takes place after 6-18 months from the first petition.
• Divorce Decree: If both parties still agree, the court will grant a divorce decree, officially ending the marriage. This process can be completed in 6 to 18 months in total.

Total time for mutual consent divorce: Generally, 6 to 18 months (including cooling-off period).

2. Contested Divorce

In a contested divorce, where one party does not agree to the divorce or where there are disputes regarding issues like child custody, alimony, and property division, the timeline can be much longer.

• Filing the Divorce Petition: The spouse seeking divorce files a divorce petition in the family court under grounds like cruelty, adultery, desertion, etc.
• First Hearing and Court Proceedings: The family court will schedule the first hearing, where the respondent will either accept or deny the allegations. The spouse seeking divorce will have to prove their case, which can involve multiple hearings, the submission of evidence, and witness testimonies.
• Court Hearings: The hearings can be prolonged due to a variety of factors, such as:
  • Court delays
  • Disagreements over alimony, child custody, or property division
  • Filing counter-petitions by the other spouse
• Final Divorce Decree: Once the case is concluded and the court is satisfied with the evidence and legal proceedings, it will grant the divorce decree. This process can take anywhere from 2 to 5 years, depending on the complexity and backlog of cases in the court.

Total time for contested divorce: Typically, 2 to 5 years (depending on the complexity and court workload).

Factors Affecting Divorce Timeline

• Type of Divorce (Mutual Consent vs. Contested): Mutual consent divorce is much faster (6 to 18 months), while contested divorce can take several years.
• Court Backlog: The time taken for divorce can also depend on the court's backlog. Family courts in India are often overwhelmed with cases, leading to delays in hearings and judgments.
• Complexity of Issues: Issues like child custody, property division, and alimony can significantly extend the timeline for contested divorces. If the spouses cannot agree on these terms, it can delay the finalization of the divorce.
• Cooling-Off Period: The mandatory 6-month cooling-off period under the Hindu Marriage Act adds time to the divorce process in mutual consent cases. However, in some exceptional cases, the court may waive this period.
• Location and Court: The location of the family court can also affect the timeline. Family courts in urban areas with more resources may process cases more quickly, while rural or less resourced courts may have longer processing times.
• Delay Tactics: Some parties may intentionally delay proceedings by filing unnecessary motions, counter-petitions, or appeals, which can prolong the divorce process.

Example

Example of a Mutual Consent Divorce Timeline

Neha and Amit have decided to divorce after living separately for over a year. They both agree on the terms of the divorce, including child custody and alimony.

• Step 1: They file a joint petition for mutual consent divorce in the family court.
• Step 2: The first motion hearing is held within 1-2 months, where they both confirm their decision to divorce.
• Step 3: A cooling-off period of 6 months is imposed, during which they cannot file for the second motion.
• Step 4: After 6 months, the second motion hearing is scheduled, and both reaffirm their consent.
• Step 5: The court grants the divorce decree after the second motion, officially ending the marriage.

Total time taken: 8 months (1-2 months for first motion + 6 months cooling-off period + 1-2 months for second motion).

Conclusion

The time it takes to get a divorce in India depends on several factors such as whether the divorce is contested or by mutual consent, the complexity of the issues involved, and court availability. On average:

• Mutual consent divorce: Can be completed in 6 to 18 months.
• Contested divorce: Can take anywhere from 2 to 5 years, depending on the court's workload and the complexity of the case.