How to File for Divorce in Delhi: A Complete Guide for Couples
Mutual divorce can be seen as the best option when trying to get out of marriage because the proceedings will move swiftly and smoothly. There are fewer chances of having disputes on matters such as alimony, custody of children, and property distribution if both spouses decide to split. The issue, however, is that people do not know where to start from. If you are wondering how to get a mutual divorce in Delhi, this guide walks you through the process step by step, from the first consultation to the final decision. Many people also ask, how long does mutual divorce take in Delhi, and we explain the usual timeline, the six-month waiting period, and when it can be waived. We also list the documents required for mutual divorce in Delhi, so you can arrive at your first meeting with an advocate fully prepared. If you have chosen to get divorced or are still considering your choices, this blog post can help you understand every step clearly, avoid all possible delays, and continue in peace of mind.
What Is a Mutual Divorce?
Mutual divorce is also known as divorce by mutual consent. It is when both partners approach the court collectively for annulment of the marriage. Neither party is required to prove any grounds such as cruelty or abandonment. This is provided in Section 13B of the Hindu Marriage Act, 1955 for Hindus, Sikhs, Jains and Buddhists and under Section 28 of the Special Marriage Act, 1954.
Conditions for Mutual Divorce
To file a mutual divorce petition, the following conditions must be met:- You have been living separately for at least one year.
- You are unable to live together as a married couple.
- You have both freely agreed that the marriage should end.
- You have agreed on the key issues, such as alimony, child custody, and property.
How to Get a Mutual Divorce in Delhi: Step by Step
Step 1: Consult a divorce advocate
Meet an advocate to check your eligibility, understand the process, and discuss the terms of your settlement. The advocate will also confirm which Family Court has jurisdiction over your case.
Step 2: Settle the terms
Both spouses should agree on important matters before filing:
- Alimony or one-time settlement
- Custody and visitation rights for children
- Division of property, assets, and stridhan
- Return of gifts and belongings
These terms are usually recorded in a written settlement agreement.
Step 3: File the joint petition (first motion)
Your advocate drafts the joint petition under Section 13B(1) and files it in the Family Court. Delhi has Family Courts at Tis Hazari, Saket, Dwarka, Rohini, Karkardooma, and Patiala House. Both spouses sign the petition, and their statements are recorded by the court.
Step 4: Waiting period
After the first motion, the court gives time for the spouses to reconsider. Under Section 13B(2), this is a period of six months. In suitable cases, the court can waive this period (see below).
Step 5: File the second motion
After the waiting period, both spouses appear again and confirm that they still want the divorce and that the settlement terms are unchanged. This is called the second motion.
Step 6: Final decree
If the court is satisfied that the consent is genuine and the terms are fair, it passes the divorce decree. Your advocate can then help you obtain the certified copy of the decree.
Documents Required for Mutual Divorce in Delhi
Keep these documents ready before you meet your advocate:
Identity and address proofs
- Aadhaar card and PAN card of both spouses
- Address proof of both spouses
Marriage documents
- Marriage certificate
- Wedding photographs or invitation card
- Proof of the date and place of marriage
Separation and settlement
- Proof of living separately for at least one year (such as rent agreements or address proofs)
- Mutual settlement agreement covering alimony, custody, and property
- Details of any earlier legal notices or court cases
Financial documents
- Income proof, such as salary slips and income tax returns of both spouses
- Bank statements
- Details of property, investments, and other assets
Children’s documents (if any)
- Birth certificates of the children
- Details of custody and visitation terms
Your advocate may ask for additional papers depending on your case.
Alimony, Custody, and Property in Mutual Divorce
Tips for a Smooth Mutual Divorce
- Finalize the settlement details prior to filing.
- Maintain accuracy in all the papers.
- Be truthful with your advocate regarding your financial situation.
- Always attend the hearings or inform your advocate beforehand if you cannot.
- Make sure that the settlement is in writing and comprehensive.
Mutual Divorce with Aakar Law Chambers
Aakar Law Chambers is an organization managed by Advocate Aakar Bhardwaj that manages legal cases involving divorce by mutual consent, contested divorce, custody of children, maintenance, etc. In case you are wondering about how to go about getting a divorce by mutual consent in Delhi, then you can meet the advocate in person.
Chamber: Chamber No. 636, Western Wing, Tis Hazari Courts, Delhi
Office: C-29/X-3, C Block, Dilshad Garden, Delhi-110095
Phone: +91 9899850494
Website: https://aakarlawchambers.com/
Frequently Asked Questions
Yes, it is possible, but additional steps may apply, such as a power of attorney or appearance through video conferencing, depending on the court’s permission. Ask your advocate for the process in your case.
Generally, yes, both spouses need to appear to record their statements at both motions. The court may allow exceptions in certain situations.
Yes. Consent must remain in place until the divorce decree is passed. If one spouse withdraws it, the court cannot grant a mutual divorce, and the case may need to proceed as a contested matter.
In most cases it is, because it involves fewer hearings and takes less time. Fees depend on the advocate and your case, so ask for a clear fee structure.
It is strongly advised. A clear written settlement helps the court process the petition smoothly.