How do I file for divorce in India?

By the India Law Simplified editorial team · Verified against the bare Acts & official portals · Updated 2026-07-28 · ~4 min read

⚡ Quick answer

There are two routes. A mutual-consent divorce (Section 13B of the Hindu Marriage Act) is when both spouses agree to separate — it needs at least one year of marriage, a period of living apart, and two court motions, and usually takes 6–18 months. A contested divorce is filed by one spouse on a specific legal ground — such as cruelty, desertion (2+ years), adultery or conversion — and takes longer because it involves evidence and a trial.

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Divorce is a difficult step, and the legal process can feel overwhelming. But the path is clearer than most people expect — it comes down to whether both spouses agree (a faster, mutual route) or one must prove a ground against the other (a contested route). This guide explains both, the timelines, what gets settled (alimony, custody), and how the rules differ across communities, in plain, non-judgmental language.

If both spouses agree to part ways, mutual consent (Section 13B HMA) is the simplest path:

⚠️ ImportantThe law provides a 6-month cooling-off between the two motions, but the Supreme Court has held that courts can waive it where the separation is genuine and everything is settled — so cooperative couples can finish faster.

2Contested divorce — when one spouse files

If one spouse doesn't agree, the other must file on a statutory ground and prove it. Under the Hindu Marriage Act, the grounds include:

⚠️ ImportantA contested divorce involves pleadings, evidence and cross-examination, so it can take a few years. Courts often refer couples to mediation first.

3What gets decided alongside the divorce

A divorce isn't just about ending the marriage — these related issues are settled too:

💡 ExampleA couple married for four years, both wanting to separate amicably, file a mutual-consent petition, agreeing on a one-time alimony and joint custody of their child. They request a waiver of the cooling-off period; the court, satisfied the settlement is genuine, grants it, and the decree comes through in a few months — far quicker than a contested case.

4Different laws for different communities

India doesn't have one divorce law — it depends on the marriage:

Key takeaways

Frequently asked questions

How long does a mutual-consent divorce take?

Typically 6–18 months. The law has a 6-month gap between the two motions, but the Supreme Court has allowed courts to waive this cooling-off period where the separation is settled and genuine.

What are the grounds for a contested divorce?

Under the Hindu Marriage Act, common grounds include cruelty, desertion for 2+ years, adultery, conversion to another religion, incurable mental disorder, and a spouse not being heard of as alive for seven years.

Can I get divorced within one year of marriage?

Generally no — the law requires at least one year of marriage before filing (except in cases of exceptional hardship, where a court may permit an earlier petition). Mutual consent also requires a period of living separately.

Who gets custody of the children in a divorce?

Custody is decided on the child's best interests, not automatically by gender. Courts consider the child's welfare, age, and each parent's ability to provide care; joint custody and visitation arrangements are common.

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General information for AY 2026-27, not professional advice. Laws change with each Finance Act, notification or amendment and depend on your specific facts — verify the current position with a licensed CA or advocate before acting.