How to get a divorce in India: mutual and contested, step by step
The full divorce process in India: mutual consent (s.13B) or contested (s.13), documents, cost, timelines and maintenance, in plain language. Educational information, not formal advice.
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Quick answer
In India you get a divorce only through a court decree. If both spouses agree and have lived separately for at least 1 year, file a joint mutual-consent petition (Hindu Marriage Act s.13B): first motion, then a second motion after 6 months (the court can waive this wait). It usually takes 6–18 months. If your spouse does not agree, file a contested petition on a legal ground under s.13 (cruelty, desertion for 2+ years, adultery and others); this commonly takes 2–5 years. File in the family court where you married, last lived together, or where the respondent lives (a wife can also file where she lives).
Team Adhiwakta · Updated 2026-10-26
Which divorce fits you? 4 questions
Has it been more than 1 year since the marriage?
Divorce process, step by step
Check eligibility
At least 1 year since marriage (s.14 bars earlier petitions except in exceptional hardship). For mutual consent you also need 1 year of living separately.
Choose the route
Both agree on divorce, alimony, custody and property: mutual consent (s.13B). Otherwise: contested (s.13) on a ground you can prove. Use the chooser below.
Settle terms in writing (mutual)
Alimony (lump sum or monthly), return of streedhan, child custody and visits, and withdrawal of other cases go into a settlement that is filed with the petition.
File the petition in family court
Draft the petition with affidavits, attach documents and pay court fee. Venue follows HMA s.19. Many courts now accept e-filing through the eCourts portal.
Mediation or counselling
Family courts usually refer couples to counselling or mediation first. In contested cases the respondent is served notice and files a written statement.
First motion and statements
Mutual: both appear, statements are recorded, and the court passes the first-motion order. Contested: issues are framed and evidence and cross-examination follow.
Second motion or final arguments
Mutual: second motion after 6 months and within 18 months; you can apply to waive the 6 months (Amardeep Singh v. Harveen Kaur, 2017). Contested: final arguments.
Decree and certified copy
The court grants the divorce decree. Take a certified copy; you need it to remarry, change records and claim alimony. Remarriage is allowed once no appeal is pending (s.15).
Documents you need
- Marriage certificate, or wedding card and photos
- Address and ID proof of both spouses (Aadhaar, voter ID)
- Proof of living separately for 1 year (mutual)
- Income proof: salary slips, ITRs, bank statements
- Affidavit of assets and liabilities (Rajnesh v. Neha, 2020)
- Settlement terms on alimony, streedhan and custody (mutual)
- Evidence of the ground: messages, medical or police records (contested)
- Children's birth certificates and school details
Cost and timelines
- Court fee
- Nominal; usually a few hundred rupees or less, set by each state
- Mutual consent time
- About 6–18 months; faster if the 6-month wait is waived
- Contested time
- Commonly 2–5 years, plus any appeal
- Main cost driver
- Advocate fees and number of hearings; varies widely by city
- Legal aid
- Women and eligible persons can apply to the District Legal Services Authority (NALSA helpline 15100)
The law and sources
- HMA 1955, s.13B — Divorce by mutual consent: 1 year separation, second motion after 6 and within 18 months.
- HMA 1955, s.13 — Grounds for contested divorce: cruelty, desertion 2+ years, adultery, conversion, mental disorder, renunciation, not heard of for 7 years; extra grounds for wife in s.13(2).
- HMA ss.14, 19, 24, 25 — 1-year bar, where to file, interim maintenance during the case, and permanent alimony.
- Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 — The 6-month cooling-off period is directory and can be waived.
- BNSS 2023, s.144 — Maintenance for wife, children and parents (old CrPC s.125), available for any religion.
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Write in Hindi or English · general guidance, not legal advice
Common paths people ask about
Mutual consent divorce, contested divorce, and questions about maintenance or alimony. Personal laws and procedures can differ; your documents and facts matter.
Documents that often help
Marriage certificate, ID proofs, income and expense notes, messages or notices already exchanged, and any prior court orders.
Children and care
Custody and visitation are about the child’s welfare. Keep discussions factual. Immediate safety issues need emergency help, not only online chat.
Ask for general guidance
Use Ask to describe your situation for independent advocates’ general guidance. Formal filings need an advocate you engage after verifying Bar Council enrolment.
Have a related question?
Frequently asked questions
- How long does a mutual consent divorce take in India?
- Usually 6 to 18 months. The second motion comes at least 6 months after the first, but the family court can waive the wait when the marriage has clearly broken down and terms are settled.
- Can I get a divorce if my spouse does not agree?
- Yes, through a contested petition under s.13 of the Hindu Marriage Act on a ground such as cruelty or desertion for 2+ years. You must prove the ground with evidence, so it takes longer.
- Can we divorce within 1 year of marriage?
- Normally no. Section 14 bars a petition in the first year unless the court allows it for exceptional hardship or depravity.
- Is a divorce by notarised agreement or panchayat valid?
- No. For Hindus, Sikhs, Jains and Buddhists a marriage ends only by a court decree. A stamp-paper divorce has no legal effect and a later marriage can be bigamy.
- What is the cost of divorce in India?
- The court fee is nominal. Most of the cost is advocate fees, which depend on the city and the number of hearings. Mutual consent costs far less than a contested case. Eligible people can apply for state legal aid.
- Do I need to appear in court in person?
- Usually yes for recording statements in mutual divorce. Many family courts allow video appearance for a spouse living abroad or far away, at the court's discretion.
- Which law applies if we are not Hindu?
- Special Marriage Act s.27/28 for court marriages and inter-faith couples, the Divorce Act 1869 for Christians (mutual divorce after 2 years apart), and Muslim personal law plus the 1939 Act for Muslims.
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