How long does mutual divorce take in India?

Mutual consent divorce in India is one of the simplest and fastest ways for couples to dissolve their marriage when both parties agree to end the relationship amicably. The process is governed by the Hindu Marriage Act, 1955 for Hindus, Buddhists, Jains, and Sikhs, and also by the Special Marriage Act, 1954 for interfaith marriages or those who married under the Special Marriage Act. While the process is generally quicker compared to contested divorce, there are still certain waiting periods and legal formalities involved.

Duration of Mutual Divorce in India:

Initial Filing and Waiting Period (6 Months):

• Mutual consent divorce requires both spouses to file a joint petition before the family court.
• The couple must demonstrate that they have been living separately for at least one year before filing for mutual consent divorce.
• After the petition is filed, there is a mandatory six-month waiting period for the court to ensure that the couple has thoroughly considered the decision. This is a cooling-off period during which both parties can reconsider their decision to divorce.
• During this period, the court may also suggest mediation or reconciliation to help the couple save the marriage, but if both parties still wish to proceed, the court moves forward with the process.

Court Hearings and Final Decree:

• After the six-month waiting period, the couple will appear in court for the second motion. This is the final hearing where the couple reaffirms their decision to divorce.
• If both parties are present and express their willingness to proceed, the family court will issue the decree of divorce.
• The final divorce decree is usually granted after the second motion and the court’s verification that all legal requirements are met.

Total Time for Mutual Divorce:

• The entire process typically takes about 6 to 18 months from filing the joint petition to receiving the final decree of divorce. The variation depends on the court's caseload, the cooperation between the parties, and the court's schedule.
• The six-month waiting period is compulsory, but there may be delays depending on the complexity of the case or additional legal requirements (e.g., property division, child custody, alimony).

Key Steps in the Mutual Divorce Process:

Filing the Joint Petition:

• Both spouses file a joint petition before the family court stating that they are mutually agreeing to divorce. The petition should mention the reasons for separation, such as incompatibility, and indicate the settlement of issues like alimony, child custody, and property division.

First Motion:

• The court schedules the first motion hearing, where both spouses present their petition and confirm that they agree to the divorce. The court verifies their understanding of the consequences of divorce, including issues like maintenance and child custody.

Six-Month Waiting Period:

• After the first motion, the court mandates a six-month waiting period. This gives the couple time to reconsider their decision. However, if they both remain firm in their decision, the process proceeds.

Second Motion and Final Hearing:

• After six months, both spouses appear in court again for the second motion. If both parties still agree, the court issues a final decree of divorce.

Decree of Divorce:

• Once the final decree is passed, the marriage is officially dissolved, and both parties are free to remarry. The court may also issue orders regarding child custody, maintenance, or alimony at this stage.

Factors That Can Affect Divorce Duration:

Court’s Caseload:

• The time taken can vary depending on the number of cases pending in the family court. Some courts may be quicker than others, especially in larger cities.

Settlement of Financial Issues:

• If there are complicated financial issues, such as division of assets, property, or alimony, it might take longer to finalize the divorce, as these matters may need more hearings or negotiations.

Child Custody Arrangements:

• If the couple has minor children, the court will ensure that the custody arrangement is in the best interests of the child. Disputes over custody can delay the final divorce decree.

Reconciliation Efforts:

• If the court refers the couple for mediation or attempts to reconcile the relationship, this could add additional time. However, if both parties are determined to divorce, mediation will generally be unsuccessful, and the case will move forward.

Example:

Scenario:

• Ravi and Priya have been living separately for a year and have mutually agreed that they no longer wish to continue their marriage. They decide to file for mutual consent divorce.

Steps They Should Take:

• Joint Petition: Ravi and Priya file a joint petition for divorce in the Family Court. They mention that they have been living separately for more than a year and have mutually agreed to end the marriage.
• First Motion Hearing: The court schedules a hearing where both parties appear, and the court verifies their decision. Ravi and Priya settle issues of alimony and child custody, agreeing on terms.
• Six-Month Waiting Period: After the first motion, a six-month waiting period is mandatory. During this time, both Ravi and Priya are free to reconsider their decision.
• Second Motion and Final Decree: After the waiting period, both Ravi and Priya appear for the second motion. The court confirms their agreement, and the decree of divorce is granted.
• Total Duration: From the time of filing the joint petition to the final decree of divorce, Ravi and Priya’s process takes about 7-8 months, considering the mandatory six-month waiting period.