How do I file for divorce in India?
You can file for divorce by mutual consent (Section 13B Hindu Marriage Act) if both spouses agree — it needs at least one year of marriage, a separation period, and two court motions, usually taking 6–18 months. A contested divorce is filed on specific grounds such as cruelty, desertion (2+ years), adultery or conversion, and takes longer.
1Mutual-consent divorce
Both spouses jointly file a petition stating they've lived apart and agree to separate, settling alimony and child custody. After a first motion and a cooling-off period (which courts can waive), a second motion leads to the decree.
2Contested divorce
One spouse files on a statutory ground — cruelty, desertion, adultery, mental disorder, conversion. It involves evidence and can take years. Personal laws differ: Hindu, Muslim, Christian and Special Marriage Act each have their own provisions.
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.
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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.