Question 1

What is mutual divorce and under which law is it filed in India?

Accepted Answer

Mutual divorce — also called divorce by mutual consent — is a process where both spouses agree to dissolve their marriage without contested disputes. For Hindus, Buddhists, Jains, and Sikhs, it is filed under Section 13B of the Hindu Marriage Act, 1955. For Christians, it is under Section 10A of the Indian Divorce Act, 1869. For those married under the Special Marriage Act, it is under Section 28. The process requires both parties to file a joint petition stating that they have been living separately for at least one year, that they have mutually agreed to dissolve the marriage, and that they cannot live together.

Question 2

What is the minimum separation period required for mutual divorce?

Accepted Answer

Under Section 13B(1) of the Hindu Marriage Act, 1955, the parties must have been living separately for at least one year before filing the joint petition. 'Living separately' does not require living in different houses — the courts have held that spouses who live under the same roof but effectively lead separate lives with no marital relations can satisfy this requirement. Our lawyers advise on how to establish and document the separation period correctly to avoid challenges to the petition.

Question 3

What is the cooling-off period in mutual divorce and can it be waived?

Accepted Answer

After the first motion (filing the joint petition under Section 13B(1)), there is a mandatory statutory waiting period of 6 months before the second motion can be filed under Section 13B(2). This period is meant to allow parties to reconsider. In 2017, the Supreme Court in Amardeep Singh vs. Harveen Kaur held that courts have discretion to waive this 6-month cooling-off period where the purpose of the waiting period has already been achieved — for example, if the parties have been separated for long, have already settled all issues, and there is no possibility of reconciliation. We assess your case for cooling-off waiver eligibility at the outset.

Question 4

What issues must be settled before filing for mutual divorce?

Accepted Answer

A mutual divorce petition under Section 13B requires that both parties have mutually agreed on: permanent alimony and maintenance (one-time settlement or monthly payments); division of movable and immovable assets acquired during marriage; child custody, visitation rights, and child support (if children are involved); return of stridhan (wife's jewelry and gifts); and any other outstanding financial or property matters. Our lawyers help draft a comprehensive settlement agreement — the MOU or consent terms — that anticipates all future disputes and presents a complete package to the court.

Question 5

Can a mutual divorce petition be withdrawn by one party?

Accepted Answer

Yes. Either party can withdraw their consent before the second motion is filed under Section 13B(2). The Supreme Court in Suman Singh vs. Sanjay Singh clarified that consent once given can be withdrawn at any time before the court passes the final decree. This is why it is critical to ensure all settlement terms are documented in a binding agreement before the petition is filed — so that if one party withdraws, the other has contractual remedies. Our lawyers structure the settlement agreement to protect both parties.

Question 6

How long does the mutual divorce process take in Delhi?

Accepted Answer

Once the joint petition is filed as the first motion under Section 13B(1), the minimum time is 6 months before the second motion (unless the court waives the cooling-off period). After the second motion is filed and both parties appear before the court and reconfirm their consent, the judge passes the divorce decree usually within a few weeks. If the cooling-off period is waived, the entire process can conclude in 2–4 months from the date of filing. Our lawyers ensure all paperwork is complete to avoid adjournments that extend the timeline.

Question 7

Do both spouses have to appear in court?

Accepted Answer

Yes. Both spouses must appear in person before the court at two stages: at the time of filing the first motion under Section 13B(1), and at the time of the second motion hearing under Section 13B(2). The court records both parties' statements confirming their continued willingness to dissolve the marriage. If a party is abroad or unable to appear in person, in some cases a power of attorney holder may appear on their behalf at the first motion — but for the second motion, personal appearance is generally required. We advise on this case by case.

Question 8

How can USD LEGAL LAWYERS & SOLICITORS LLP help with my mutual divorce?

Accepted Answer

Our mutual divorce lawyers in Delhi provide complete end-to-end support: drafting the settlement agreement / MOU covering alimony, asset division, child custody, and stridhan; preparing the joint petition under Section 13B; filing the petition before the appropriate Family Court in Delhi; coordinating appearances for both motions; assisting with applications for cooling-off period waiver where eligible; and ensuring the divorce decree is correctly obtained and certified. We maintain strict confidentiality throughout and guide both parties with empathy and professionalism.

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