Mutual Consent Divorce in Delhi
Understand the mutual consent divorce process, including the first motion and second motion stages.
What Is Mutual Consent Divorce?
Mutual consent divorce is a process where both spouses agree to end the marriage and jointly file a petition. It typically involves two stages — the first motion and, after a statutory waiting period, the second motion — before the court grants the divorce decree.
Who Is This Service For?
- Couples who both agree to separate
- Couples who have settled issues like maintenance and custody
- Couples seeking a faster, less adversarial route than contested divorce
What Does the Process Involve?
Joint Petition (First Motion)
Statutory Cooling-Off Period
Second Motion Filing
Divorce Decree
Eligibility
Both spouses must genuinely consent, and the marriage typically must have subsisted for a minimum period as required under the applicable law.
Documents Required
- Marriage certificate
- Proof of address for both parties
- Settlement details, if any
- Photographs and identity proof
Exact document requirements can vary by case. We can confirm what applies to your specific situation.
Applicable Law
Mutual consent divorce is provided for under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, among other personal laws.
Process Timeline
Timeline can vary depending on jurisdiction, documents, appointments and individual circumstances.
Government Fees
Government fees may vary. Please confirm the applicable fee before proceeding.
Professional Assistance
Assistance can include helping draft the joint petition, explaining the statutory waiting period, and guiding you through both motions.
Common Problems
Issues can arise if one party withdraws consent before the second motion, or if settlement terms are unclear.
Common Mistakes
A common mistake is not documenting settlement terms (maintenance, custody, assets) clearly before filing.
When Legal Assistance May Help
Legal guidance helps ensure your settlement terms are clearly documented and that both motions are filed correctly and on time.