How to Apply for Mutual Divorce in India: Checklist and Timeline
Quick answer: To apply for mutual divorce, both spouses sign a joint petition under Section 13B of the Hindu Marriage Act (or Section 28 of the Special Marriage Act), attach documents and a settlement, and file it in the Family Court with jurisdiction. After the first motion and cooling-off period, you file the second motion for the decree.
Who can apply?
Both spouses together. You must have lived separately for at least one year and agreed that the marriage cannot continue. Hindus, Buddhists, Jains and Sikhs apply under the HMA; couples married under the Special Marriage Act use Section 28. See mutual consent divorce in Delhi and HMA vs SMA.
Step-by-step application
- Agree terms. Alimony, custody, visitation, return of articles, property and pending cases.
- Hire a lawyer to draft the petition and settlement.
- Sign the petition and affidavits. Both spouses sign; the lawyer files.
- File in the correct Family Court. Court fee is nominal; the registry lists the case.
- First motion hearing. Statements recorded; order passed.
- Wait for the cooling-off period or apply for waiver.
- Second motion and decree.
Choosing the right court in Delhi
Section 19 HMA allows filing where the marriage was solemnised, where the parties last resided together, or where the petitioner or respondent resides in some situations. In Delhi, Family Courts are at Tis Hazari, Dwarka, Saket, Rohini, Karkardooma and Patiala House. Local lawyers help choose the correct one. See our pages for Dwarka, Rohini and Tis Hazari.
Documents to carry
- Marriage certificate, invitation card and photographs.
- Identity and address proofs of both.
- Photographs.
- ITR or salary slips for the last three years.
- Evidence of separation for one year.
- Settlement or consent terms.
- Order copies from any pending cases.
What to expect on the first day
The judge will ask whether you both agree, whether the settlement is voluntary and whether reconciliation is possible. Referral to mediation is common. Be calm, consistent and truthful.
For a full discussion of costs and timelines, read mutual consent divorce in Delhi 2026: costs and waivers.
Frequently asked questions
Can mutual divorce be filed online?
Delhi courts allow e-filing for many family matters, though hearings may still need physical or video appearance. Check current court rules.
What is the court fee?
It is nominal; most of the cost is lawyer fees.
Do we need to live separately for one year before applying?
Yes. Section 13B(1) requires separation for a period of one year or more.
Can one spouse file alone?
No. In mutual divorce both must join the petition. If only one wants it, the case becomes contested.
Can we apply within one year of marriage?
Generally no, unless the court permits for exceptional hardship or depravity under Section 14.
Related guides
- Mutual divorce process step by step
- Mutual divorce petition format
- How to withdraw a mutual consent divorce
- How long does a divorce take in Delhi?
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.