Mutual Consent Divorce in India: Section 13B Procedure & Timeline (2026)

1What it means

Both spouses jointly petition the family court to dissolve the marriage, having lived separately for at least a year and agreed on maintenance, custody, and property. (Other communities use their own laws — e.g. Section 28 of the Special Marriage Act for civil marriages.)

2Documents

• Marriage certificate / proof of marriage
• Address and identity proof of both spouses
• Photographs
• A settlement agreement covering alimony, custody, and assets
• Evidence of living separately

3The two-motion process

• First motion: both spouses file the joint petition; the court records statements.
• Cooling-off period: a statutory 6 months (the Supreme Court has held this can be waived by the court in suitable cases).
• Second motion: after the period, both reaffirm consent before the court.
• Decree: the court, satisfied that consent is free, grants the divorce decree.

4Timeline & cost

Typically 6–12 months end-to-end; faster where the court waives the cooling-off period. Court fees are modest; lawyer fees vary by city — verify locally. The biggest variable is court scheduling and whether both parties attend promptly.