The single question that decides which process applies to your divorce — and what changes because of it.
Reviewed by K K Saxena Associate · Last updated 17 September 2026
Not every divorce looks the same. The biggest fork in the road is whether both spouses agree to separate, or whether one is contesting it. That single fact changes the entire process.
| Aspect | Mutual Consent Divorce | Contested Divorce |
|---|---|---|
| Starting point | Both spouses agree to separate | One spouse files; the other does not consent |
| Legal grounds needed? | No specific grounds required, only mutual agreement | Must be based on recognised grounds (e.g. cruelty, desertion) |
| General pace | Comparatively faster, subject to the cooling-off period | Generally longer, depending on evidence and court schedule |
| Process shape | Two joint motions, filed together | Petition, response, evidence, and judgment |
| Emotional tenor | Cooperative, terms agreed in advance | Adversarial, terms contested and decided by the court |
Yes — it happens often. If the parties reach agreement during mediation or settlement talks partway through a contested case, it can be converted into a mutual consent petition. See our matrimonial disputes & mediation page.
Whichever route applies, maintenance, child custody and property terms still need to be addressed — either agreed upfront (mutual consent) or decided by the court (contested). Neither route skips these questions; it only changes who decides the answer.
It's generally faster than a contested case since there's no dispute over facts to be tried, but it still involves a statutory interval between the two motions.
That partial disagreement can often still be resolved through negotiation or mediation before filing; if it can't be, the matter may need to proceed as contested on the unresolved points.
Talk it through with us confidentially before deciding.