Mutual Consent Divorce Procedure in India : Step By Step Guide

Mutual consent divorce is a process where both spouses jointly agree that the marriage has broken down and ask the family court to dissolve it under Section 13B of the Hindu Marriage Act, 1955. Instead of blaming each other, they focus on settling issues like alimony, child custody and property division through a written agreement.

The procedure usually involves filing a joint petition (first motion), attending a brief hearing, waiting through a cooling-off period, and then appearing again for a second motion before the court grants a final divorce decree. Recent court rulings allow this cooling-off period to be waived in suitable cases, so the timeline can sometimes be shorter than the standard six to eighteen months.

What Is Mutual Consent Divorce Under Indian Law?

Meaning of Mutual Consent Divorce under Section 13B

Mutual consent divorce is a legal process where both spouses voluntarily agree to dissolve their marriage. Section 13B of the Hindu Marriage Act, 1955 allows this when the relationship has broken down beyond repair and the parties are unwilling to continue cohabitation.

To qualify under Section 13B, the following conditions must be met:

• Spouses must have lived separately for at least one year.
• Both must jointly state they can no longer live as husband and wife.
• Consent must be free, voluntary, and genuine, without coercion or pressure.

Unlike contested divorce, the court does not assign fault (such as cruelty or adultery). The judge verifies that consent is mutual and that a fair settlement has been reached on issues like maintenance, custody, and property.

In the landmark case Sureshta Devi v. Om Prakash (1991 AIR 2172), the Supreme Court ruled that mutual consent must exist during both motions. If either party withdraws consent before the final hearing, the court cannot pass a divorce decree under Section 13B.

This provision ensures that the divorce remains fully consensual and equitable throughout the legal process. For a full comparison between this and other types of divorce, refer to our detailed guide on mutual versus contested divorce in India .

Eligibility and Conditions for Mutual Divorce

What Is the One-Year Separation Requirement under Section 13B(1)?

Under Section 13B(1) of the Hindu Marriage Act, 1955, spouses must have lived separately for at least one year before they file a joint petition for mutual consent divorce.

“Living separately” means they have stopped living together as husband and wife and do not share a normal marital relationship. They may still stay under the same roof for practical reasons, but there is no shared married life or intention to resume it.

In the petition, both spouses must declare that they have lived separately for this minimum period and that they have not been able to reconcile their differences. In exceptional cases, higher courts have relaxed the one-year rule, but this depends on judicial discretion and specific facts, and couples should not rely on such relaxation.

Why Must Mutual Consent Be Free from Coercion, Fraud or Pressure?

Mutual consent divorce is possible only when both spouses freely and genuinely agree to end the marriage. The court checks that no one obtained consent through threats, emotional blackmail, undue influence, fraud or serious misunderstanding.

Each spouse must understand the contents of the petition and the legal rights they are settling or giving up by signing it. If the court finds that consent is not informed or voluntary, it can refuse to grant a decree of mutual divorce.

Consent must also continue throughout the proceedings. If either spouse withdraws consent before the final decree, the court cannot grant a mutual consent divorce and the petition usually fails. In that situation, spouses may need to consider other options, such as a contested divorce or alternative dispute resolution.

Why Is a Settlement on Alimony, Child Custody and Property Required?

Before filing a mutual consent divorce petition, spouses are expected to reach a clear understanding on all key practical issues, including:

• Alimony and maintenance – whether any amount will be paid, the amount, duration and mode of payment.
• Child custody and visitation – who will have physical and legal custody, and what the visitation or access schedule will be.
• Property, savings and liabilities – how houses, bank accounts, investments, jewellery, vehicles, loans and other obligations will be handled after divorce.

This understanding is usually recorded in a written settlement agreement or memorandum of understanding, which is filed along with the petition for the judge to review. A well-drafted settlement uses clear, specific language and covers details such as school fees, medical expenses, holidays with children and future claims.

For a deeper look at how such agreements are structured in real cases, you can refer to our guide on settlement agreements in mutual divorce , and for more on financial aspects, see our article on alimony in case of mutual divorce in India .

The family court does not automatically accept every settlement placed before it. The judge examines whether the terms appear fair, lawful and workable, and may ask questions or suggest modifications, especially where the interests of children or a financially weaker spouse require extra protection.

After these eligibility conditions are clear, the next step is to understand how the mutual consent divorce procedure works from the first motion to the final decree.

Step-by-Step Mutual Divorce Procedure in India

The mutual consent divorce process in India usually follows a predictable sequence, from drafting a settlement to obtaining the final decree. The table below gives a quick overview of each step.

Step 1 – Consult Lawyers and Draft the Settlement (MoU)

The mutual divorce process usually begins with both spouses consulting lawyers and discussing a broad settlement. The law does not force each spouse to have a separate advocate, but it is generally safer for each party to get independent legal advice so that no one later claims they were misled or pressured. The aim at this stage is to solve practical issues rather than to argue about fault or blame.

The understanding between the spouses is normally recorded in a written settlement or Memorandum of Understanding (MoU). This document should clearly cover alimony or maintenance (if any), child custody and visitation, school and medical expenses for children, and how property, savings, loans and other liabilities will be dealt with after divorce. A vague or incomplete settlement is one of the most common reasons for disputes later, so it is worth taking time to draft it carefully. For a deeper breakdown of typical clauses and drafting tips, you can read our detailed article on settlement agreements in mutual divorce .

• List your assets, bank accounts, loans and insurance policies before drafting.
• Discuss future expenses for children, not just present costs.
• Ask each lawyer to explain the long-term effect of the clauses you agree to.

Step 2 – Drafting and Filing the Joint Petition (First Motion)

Once there is a clear settlement, the next step is to prepare the joint divorce petition under Section 13B. This petition sets out basic facts of the marriage (date, place, type of ceremony), the period of separation, the reasons why the parties say the marriage has broken down and a statement that they have mutually agreed to dissolve it. The settlement or MoU is usually attached or incorporated, so that the court can see exactly what has been agreed.

The petition is filed in the appropriate family court, typically where the marriage was solemnised, where the couple last lived together or where the wife is currently residing, depending on the applicable statute. Along with the petition, the court will expect basic supporting documents such as proof of marriage, identity and address proofs, and key financial documents. A practical checklist of such paperwork is available in our guide on essential documents required for divorce in India .

• Confirm that the court you choose has jurisdiction under the applicable law.
• Check all names, dates and figures in the petition against your documents.
• Attach the latest version of the settlement so there is no mismatch later.

Step 3 – First Motion Hearing and Recording of Statements

After the joint petition is filed, the court fixes a date for the first motion hearing. On this day, both spouses are expected to appear in person before the judge. The judge verifies their identities, checks whether they understand the nature and consequences of divorce, and confirms that their consent is genuine and voluntary.

The court may ask questions about how long they have been living separately, whether they have tried to reconcile and whether they are satisfied with the settlement terms. In many courts, the spouses give short statements on oath, and their affidavits are taken on record. If the judge feels that there is still some chance of saving the marriage, the matter may be referred for counselling or mediation. If the court is satisfied that the legal requirements for the first motion are met, it records that the first motion has been allowed and moves the case into the cooling-off phase.

• Prepare to answer simple questions about your separation and settlement.
• Tell the court if you feel any current pressure or confusion about the terms.
• Use counselling or mediation seriously if the court suggests it.

Step 4 – Cooling-Off Period of 6–18 Months: Purpose and Practice

After the first motion, there is normally a waiting period or “cooling-off” period before the couple can come back for the second motion. Under Section 13B(2) of the Hindu Marriage Act, this period is at least six months and can go up to eighteen months from the date of the first motion. The idea is to give the spouses one last opportunity to reconsider their decision and attempt reconciliation if they wish.

In practice, many couples continue to live separately during this period and move ahead with their lives. Over the years, the Supreme Court has clarified that this six-month period is directory rather than absolutely mandatory, and family courts can waive or shorten it in appropriate cases (for example, in Amardeep Singh v. Harveen Kaur, 2017). Generally, waiver is considered where the parties have already been separated for a long time, all issues have been amicably settled and there is no realistic chance of reunion. For readers interested in how recent judgments have shaped this area, our article on latest Supreme Court judgments on divorce provides more detail.

• Use this period to confirm that you are comfortable with the settlement.
• Decide early whether you want to apply for a waiver of the cooling-off period.
• Keep records of your separation and communication in case the court asks.

Step 5 – Second Motion Hearing and Confirming Consent

After the cooling-off period has expired (or been waived), the spouses file a second motion application and appear in court again. At this stage, the judge must be satisfied that both parties still genuinely wish to go ahead with the divorce on mutual consent and that there has been no change of mind or fresh dispute about the settlement.

The spouses confirm on record that they stand by their earlier statements and the settlement terms. If, however, either spouse withdraws consent, refuses to appear or clearly indicates a change of mind, the court cannot grant a mutual consent divorce. The petition may then be dismissed or kept pending, and the only remaining options may be to pursue a contested divorce or explore other forms of settlement. Those who are considering changing their position at this stage should read more about the procedure to withdraw a petition for divorce in India .

• Review the settlement again before the second motion date.
• Inform your lawyer early if you are unsure about continuing with mutual divorce.
• Understand the consequences of withdrawing consent at this stage.

Step 6 – Final Decree of Divorce by the Family Court

If the court is satisfied at the second motion that the marriage has broken down irretrievably, that consent is still mutual and voluntary and that the settlement is fair and lawful, it proceeds to grant a decree of divorce by mutual consent. This decree formally dissolves the marriage under the relevant law and generally incorporates or refers to the settlement terms on alimony, custody and property.

After the decree is passed, the parties can apply for a certified copy for their records and for use in official documentation. In most cases, the decree brings the mutual divorce process to a close, although limited appeals or modification of certain orders (for example, relating to children) may be possible in specific circumstances. For a detailed explanation of what a decree contains and how it works in practice, you can see our guide on divorce decrees in India .

Cooling-Off Period and Waiver in Mutual Divorce

At a glance:

• Statutory rule (Section 13B(2), HMA): 6–18 month gap between first and second motion.
• Supreme Court (2017 onwards): Cooling-off is directory, not mandatory; can be waived in suitable cases.
• High Courts (Delhi, Gujarat, etc.): Encourage faster mutual divorce where marriage is clearly dead and timelines only cause hardship.
• Scope: This analysis is specific to Section 13B of the Hindu Marriage Act; timelines and practice may differ under other laws such as the Special Marriage Act or personal laws.

Why Is There a 6-Month Cooling-Off Period?

In mutual consent divorce under Section 13B(2) of the Hindu Marriage Act, the law provides a minimum waiting period of six months between the first motion and the second motion. This “cooling-off” period was introduced to give spouses time to reflect on their decision, explore reconciliation and avoid impulsive divorces based on temporary anger or pressure. During this time, the couple remains legally married and can choose to withdraw the petition if they change their mind and decide to continue the relationship.

The statute allows this period to extend up to eighteen months from the date of the first motion. If the spouses do not file the second motion within that outer limit, the mutual consent petition may lapse and they may have to start afresh if they still wish to pursue divorce. This framework strikes a balance between allowing a quick exit from a dead marriage and giving one final structured opportunity to save the relationship.

What happens if we miss the 18-month limit?
In most cases, if the second motion is not moved within eighteen months, the mutual consent petition cannot simply be revived and a fresh petition may be required. Courts sometimes take a flexible view where there is a good reason for delay, but you should not rely on this without specific legal advice.

Supreme Court on Waiver – Amardeep Singh and Amit Kumar

Over time, courts saw that in many cases the cooling-off period only prolonged the hardship of couples whose marriage was clearly beyond repair. In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court held that the six-month period in Section 13B(2) is directory, not mandatory. This means that family courts can waive the waiting period in suitable cases where insisting on it would serve no real purpose and would merely extend the parties’ suffering.

The Court indicated that waiver may be appropriate where the parties have already been living separately for a long time, mediation and counselling have failed, all issues relating to alimony, custody and property have been genuinely settled, and both spouses remain firm in their decision to divorce. In Amit Kumar v. Suman Beniwal (Civil Appeal No. 7650 of 2021), the Supreme Court clarified that these conditions are illustrative and not exhaustive, and that judges should look at the overall facts of each case rather than treating the factors as a rigid checklist.

The Court has also recognised, in later Constitution Bench decisions, that in exceptional situations it can exercise its own powers under Article 142 of the Constitution to waive procedural timelines and grant divorce where the marriage has irretrievably broken down. However, that extraordinary power belongs only to the Supreme Court and does not automatically apply in every case filed in family courts.

High Court Updates: Delhi and Gujarat on Faster Mutual Divorce

After Amardeep Singh and Amit Kumar, High Courts have applied these principles to make mutual consent divorces more practical and less time-consuming where the marriage is clearly dead. In a recent Full Bench decision in December 2025, the Delhi High Court held that the one-year separation requirement under Section 13B(1) of the Hindu Marriage Act is directory rather than absolutely mandatory, and that both the one-year separation and the six-month cooling-off period can be relaxed in exceptional cases where timelines would only cause hardship and there is no realistic prospect of reconciliation.

The Gujarat High Court, in AMY v. NA (Neutral Citation: 2025:GUJHC:74569-DB), reiterated that the six-month cooling-off period is directory and not mandatory, and set aside a family court order that had rejected a mutual consent petition solely because the cooling-off period had not fully elapsed and no waiver application had been filed. The High Court emphasised that where parties have been living separately for a substantial period, have settled all issues and are firm in their decision, insisting mechanically on the full waiting period serves no useful purpose and only prolongs their suffering.

These rulings show a broader judicial trend: courts are increasingly willing to prioritise the real condition of the marriage and the welfare of the parties over rigid adherence to timelines, while still ensuring that consent is free, informed and not the product of haste or coercion. Practices can still differ between courts and states, so local legal experience remains very important.

How to Apply for Waiver of the Cooling-Off Period

If both spouses want to avoid waiting for the full six months after the first motion, they can request the court to waive or shorten the cooling-off period by filing a written application. This is usually done through their lawyers, citing relevant Supreme Court and High Court judgments and explaining why further delay would only increase hardship.

Checklist: What to include in a waiver application

• How long the parties have already been living separately (with approximate dates).
• Details of any previous litigation or complaints (e.g., earlier cases or mediation attempts) showing long-standing breakdown.
• Confirmation that mediation or counselling has been tried or is clearly futile.
• Confirmation that a full and fair settlement has been reached on alimony, child custody, visitation and property.
• A statement that both spouses are firm in their decision to divorce and understand the consequences.
• Any special hardship (health issues, relocation, pending remarriage, children’s schooling) that makes delay particularly harmful.

Example: A couple married for ten years has lived apart for four years, has already fought contested cases and reached a detailed settlement on maintenance and custody. Both have moved on with their lives and there is no chance of reconciliation. In such a scenario, the court is more likely to consider waiving the cooling-off period than in a very recent separation where emotions are still raw and the settlement is unclear.

Can the court reject my waiver application?
Yes. Waiver is always a matter of judicial discretion, not a legal right. The judge may refuse to waive or may grant only a partial reduction in time if they feel that reconciliation is still possible, that the settlement is not fair (especially for children or a financially weaker spouse), or that the parties have not yet fully considered the long-term consequences.

Because a waiver application depends heavily on case-specific facts and the latest case-law, you should always seek personalised advice from a family law advocate familiar with local court practice before filing one. A lawyer can help you avoid common mistakes such as asking for waiver too early, filing without a complete settlement or ignoring earlier court directions in related cases.

Finally, remember that this discussion is based on how courts interpret Section 13B of the Hindu Marriage Act. While similar principles may be applied by analogy under other laws, such as the Special Marriage Act, the exact rules and judicial approach can differ, so it is important to check which statute governs your marriage before relying on any cooling-off or waiver guidance.

Documents Required for Mutual Divorce in India

At a glance – document checklist by category:

Personal and Marriage Documents

In a mutual consent divorce, the court must first be satisfied about the identities of the spouses and the existence of a valid marriage. For this reason, personal identification and marriage-related documents form the foundation of the filing. Although exact requirements can vary between family courts, most commonly the following are asked for:

• Marriage certificate or official record of marriage registration, if available.
• Wedding photographs and, in some courts, invitation cards or other proof of the marriage ceremony.
• Identity proof of each spouse (such as Aadhaar card, passport, PAN card, voter ID or driving licence).
• Address proof of each spouse (such as utility bills, rental agreement, passport, Aadhaar with address, bank passbook).
• Recent passport-sized photographs of both spouses, as per the court’s filing instructions.

Is a marriage certificate compulsory for mutual divorce?

A registered marriage certificate is strongly preferred and may be treated as essential in many courts, especially in metropolitan cities. However, if the marriage was never formally registered but was solemnised according to personal law or customs, courts may accept other evidence such as wedding photographs, invitation cards and affidavits from the spouses and witnesses. In such cases, the judge has greater discretion and may scrutinise the evidence more closely, so it is important to take specific legal advice if you do not have a formal certificate.

These documents help the court verify that the parties before it are indeed the spouses seeking divorce and that the marriage falls under the law being invoked (for example, the Hindu Marriage Act). For a broader checklist across different types of divorce, you can also refer to our guide on essential documents required for divorce in India .

Financial and Property Documents

Because mutual consent divorce usually involves a settlement on alimony, maintenance and division of property, the court expects a reasonably clear picture of the parties’ financial situation. The more transparent the financial documentation, the easier it is for the judge to accept that the settlement is fair, especially for the financially weaker spouse.

• Recent salary slips or income certificates for each earning spouse.
• Income Tax Returns (ITRs), typically for the last two to three assessment years.
• Bank statements for a reasonable period, especially where major transactions or savings are relevant.
• Title deeds, sale deeds, property tax receipts and home loan documents for immovable property.
• Documents relating to major movable assets (vehicles, substantial investments, insurance policies, business interests).
• Any existing agreements or notes relating to division of property or financial settlement between the spouses.

While a mutual consent divorce does not always require a full valuation of every asset, having these documents ready helps ensure that maintenance and property arrangements are based on real numbers rather than guesswork. Where complex assets or disputes are involved, separate advice on property division after divorce in India can be helpful.

Child-Related Documents (If Any)

When the couple has minor children, the court gives special attention to custody, visitation and financial support. Child-related documents help the judge understand the child’s current situation and whether the proposed arrangement is in the child’s best interests.

• Birth certificates of each child, to confirm age, identity and parentage.
• Basic school records such as admission forms and current fee receipts.
• Medical records, especially if the child has ongoing health conditions or special needs.
• Any existing court orders or written agreements relating to custody, visitation or child maintenance.

These documents support the parenting plan and maintenance terms set out in the mutual divorce settlement and enable the court to ensure that the child’s education, health and routine are adequately protected after the divorce.

Affidavits, Vakalatnama and Court Forms

In addition to supporting documents, mutual consent divorce petitions require a set of formal legal documents and court-specific forms. These may differ from court to court, but some items are common across most family courts:

• Affidavits by each spouse confirming key facts of the petition (date of marriage, separation period, mutual consent, settlement terms) and declaring that the contents are true. Affidavits usually have to follow the format prescribed by local rules and must be signed and sworn before an authorised officer or notary.
• Vakalatnama, the document through which a party authorises an advocate to represent them in court. Each spouse who chooses to have a lawyer signs a vakalatnama in the lawyer’s favour.
• Standard court forms, including cause-title pages, index sheets, verification pages and any prescribed mutual consent divorce formats used by that particular family court or High Court.
• In some cases, a separate statement of settlement or joint memo recording the agreed terms on alimony, custody and property may be required in addition to the main petition.

In larger cities and High Court jurisdictions, courts increasingly use e-filing systems. This may require scanned copies of all documents in PDF format, along with physical originals or attested copies to be produced at a later stage for verification. Your lawyer can confirm the exact requirements of the court where your case will be filed.

Affidavits play a central role because they bind the parties to their statements on oath and can be referred to later if there is a dispute about what was represented to the court. For a more detailed discussion on how affidavits work in divorce matters, see our article on affidavits for divorce in India .

Common mistakes to avoid with documents

• Names or dates that do not match across documents (for example, different spellings on ID proof and marriage certificate).
• Filing unsigned or improperly attested affidavits that do not meet the court’s format requirements.
• Bringing only photocopies when the court has asked to see originals or properly attested copies.
• Not disclosing important assets or loans, which can later lead to disputes about the fairness of the settlement.
• Waiting until the last moment to gather documents, causing delays in filing or in getting the petition listed for hearing.

Since documentation practices and formats can differ between states and even between courts in the same city, always check the latest filing requirements at the relevant family court and work with a lawyer who is familiar with local procedures. This reduces the risk of technical objections and saves time once the mutual divorce petition is ready to be filed.

Time Taken and Cost of Mutual Divorce in India

Typical Timeline (6–18 Months) and When It Can Be Shorter

In most mutual consent divorce cases under Section 13B of the Hindu Marriage Act, the process typically takes between six and eighteen months from filing the first motion to receiving the final decree. The main reasons for this range are the statutory cooling-off period of at least six months between the first and second motions, the outer limit of eighteen months, and the practical realities of court schedules and how quickly the parties complete each step.

Common factors that cause delay

• Incomplete documents or missing key proofs, leading to repeated filing defects or objections.
• Adjournments because one or both spouses do not appear on the scheduled date.
• Frequent changes in settlement terms, forcing redrafting and fresh discussions.
• Court backlogs and non-availability of dates in busy urban family courts.
• Technical issues in e-filing (wrong formats, unreadable scans) where the court requires online filing.

Can mutual divorce ever finish in under six months?

In exceptional cases where the family court agrees to waive or substantially shorten the six-month cooling-off period after the first motion, a mutual divorce can conclude in less than six months. This generally happens only when the spouses have been separated for a long time, have a detailed settlement and there is no realistic scope for reconciliation. Waiver is always discretionary and cannot be promised in advance. For an overall view of how long different types of divorce can take, you can also refer to our guide on how long the divorce process takes in India .

This discussion focuses on mutual consent divorces under Section 13B of the Hindu Marriage Act. While similar timelines are often followed under other laws such as the Special Marriage Act, procedural rules and actual practice can differ between statutes and jurisdictions, so it is important to confirm the specifics that apply to your marriage.

Lawyer Fees, Court Fees and Other Expenses

The cost of a mutual consent divorce in India varies widely depending on the city, the experience of the lawyers and the complexity of the settlement. Broadly, you should be prepared for three kinds of expenses: lawyer fees, court fees and incidental costs such as documentation and travel.

• Lawyer fees: Many lawyers charge a fixed fee for mutual consent divorce, sometimes broken into stages (for example, one part at filing the first motion and another at the second motion). Others may charge per hearing or offer a blended model. Fees usually increase with the complexity of the case, the number of issues to be negotiated (alimony, multiple properties, business interests) and the seniority of the advocate.
• Court fees and process charges: Court fees for filing a mutual consent divorce petition are generally modest compared to professional fees and are fixed by the court-fee rules of each state or High Court. There may be additional nominal charges for certified copies, notarisation or process-related services, but these are usually standard and do not vary as much as lawyer fees.
• Incidental expenses: These include costs for obtaining official documents (certified copies of marriage certificates, ITRs or property papers), notarising affidavits, scanning and printing for e-filing, and travel or time off work to attend hearings. If mediation or counselling sessions are held outside the court system, there may be separate fees for those services.

Cost scenarios (without quoting figures)

• Straightforward mutual divorce in a metro with no children and limited property: Often involves a single detailed settlement on one-time alimony or no claim, a few hearings and relatively lower incidental expenses. Lawyer fees are likely to be closer to the lower end of the typical range.
• Mutual divorce with children and multiple properties or business interests: Requires careful drafting of custody, visitation, school and medical expense clauses, as well as detailed property and loan allocation. This usually means more lawyer time, possible consultation with tax or property professionals and higher overall fees.

Because cost structures differ significantly between regions and law firms, it is sensible to ask the lawyer at the outset how they charge (fixed vs per hearing), what is included in the fee and what additional out-of-pocket expenses you should expect. For a broader discussion of cost factors across different types of divorce proceedings, see our detailed article on how much it costs to get a divorce in India .

Common mistakes that increase costs

• Not clarifying the fee structure (fixed vs per hearing) and scope of work with your lawyer at the beginning.
• Changing settlement terms repeatedly, leading to extra drafting, extra meetings and more court dates.
• Choosing a court far from where both parties live, increasing travel and time-off-work costs.
• Delaying document collection, which can cause postponements and extra visits to court or offices.

How Waiver of Waiting Period Affects Timeline

As discussed earlier, the statutory cooling-off period between the first and second motions is at least six months. After the Supreme Court’s decisions in cases like Amardeep Singh v. Harveen Kaur and Amit Kumar v. Suman Beniwal, courts now treat this period as directory rather than rigidly mandatory. This means that family courts can waive or reduce the waiting time in appropriate cases where further delay would serve no useful purpose.

Illustrative timelines (approximate)

A waiver application is more likely to be considered where the parties have already been living apart for a long time, have a detailed written settlement on all issues and have tried mediation or counselling without success. However, waiver is always a matter of judicial discretion. No lawyer can truthfully guarantee that the waiting period will be waived or that the case will finish within a specific number of months.

Practical tip on timelines

The factors you can control—having complete documents, a clear settlement, and consistent cooperation between both spouses—often have more impact on the actual duration than any theoretical minimum. Before making major life plans (such as remarriage or relocation) around expected timelines, discuss realistic scenarios with your lawyer based on the current workload and practices of the family court where your case will be filed. Remember also that rules and timelines under other statutes, such as the Special Marriage Act or personal laws, may not be identical to the regime under Section 13B of the Hindu Marriage Act.

Common Mistakes and Problems in Mutual Divorce

Vague or One-Sided Settlement Terms

A common mistake is signing a vague or one-sided settlement (MoU) with lines like “maintenance will be decided later” or “visitation as mutually agreed”, which often leads to fresh disputes after the decree. A clearer, balanced agreement—like those discussed in our guide on settlement agreements in mutual divorce —reduces this risk.

One Spouse Backing Out Before Second Motion

Mutual consent must continue up to the second motion; if one spouse backs out, stops appearing or clearly withdraws consent, the court cannot grant mutual divorce and the petition may fail, forcing you towards a one-sided or contested route. For what this can look like in practice, see our articles on one-sided divorce in India and the procedure to withdraw a divorce petition .

Not Understanding the Finality of Terms (Alimony/Property)

Once a mutual divorce decree is passed, it is usually very difficult to reopen alimony or property terms unless there is serious fraud or concealment, so agreeing to a low lump sum or giving up claims without advice can have long-term consequences. For context on how courts view these issues, see our guides on alimony in mutual divorce and property division after divorce in India .

Poor Drafting of MoU and Jurisdiction Issues

Ambiguous drafting (confusing figures, missing timelines, vague custody clauses) and filing in a court without proper territorial jurisdiction can trigger objections, transfers and months of delay. To avoid such procedural problems, it helps to understand the divorce process in India and, where needed, how to transfer a divorce case to the correct court.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.