Mutual Divorce
Separate with dignity — mutual consent divorce handled end to end: petition, settlement terms and both motions.
- Fastest Legal Closure
- Private & Dignified
- Settlement Engineered Properly
What is Mutual Divorce?
When both spouses agree the marriage should end, the law provides the most humane route: mutual consent divorce under Section 13B of the Hindu Marriage Act (Section 28 of the Special Marriage Act for civil marriages). No allegations to prove, no years of hostile trial — a joint petition, a reflection period, and a decree.
The process has two court appearances: the first motion (joint petition recording consent and settlement terms), a statutory 6-month cooling period (which courts CAN waive after Amardeep Singh, 2017, where separation and settlement are complete), then the second motion confirming consent, followed by the decree.
Taxwapsi manages it completely: the settlement agreement that actually matters (alimony/lump-sum, child custody and visitation, property and asset division, stridhan return), petition drafting, filing in the jurisdictional family court, appearance coordination for both motions, and the waiver application where grounds exist — targeting closure in as little as 1–7 months.
Expert Pro Tip
Negotiate and paper the FULL settlement before filing the first motion — custody, alimony, property, stridhan, everything. Consent can be withdrawn any time before the second motion, and incomplete settlements are exactly what unravels into contested litigation midway.
Choose Your Package
Transparent pricing — professional fee shown, government fees extra where noted.
Starter
Settlement agreement + petition drafting.
+ Court Fees
Get StartedWhat you'll get
- Joint consultation
- Settlement agreement drafting
- 13B petition preparation
- Filing guidance
- Document checklist & affidavits
Standard
End-to-end — both motions managed.
+ Court Fees
Get StartedWhat you'll get
- Everything in Starter
- Court filing coordination
- First motion appearance support
- Second motion & decree follow-through
- Certified copies procurement
Pro
Fast-track with waiver application / NRI support.
+ Court Fees
Get StartedWhat you'll get
- Everything in Standard
- Cooling-period waiver application
- Complex asset settlement structuring
- NRI video-appearance coordination
- Post-decree compliance (name/records updates)
- Dedicated family lawyer
* Timelines depend on government processing. T&C apply.
Benefits of Mutual Divorce
Fastest Legal Closure
With cooling-period waiver where eligible, decrees come in 1–2 months; otherwise typically 6–8 months — versus years for contested divorce.
Private & Dignified
No cruelty/desertion allegations on public record — the petition simply records irretrievable breakdown by consent.
Settlement Engineered Properly
Alimony, custody, property and stridhan documented enforceably — the agreement IS your future protection.
Children Shielded
Custody, visitation and education funding settled by parents, not fought through them.
Both Motions Managed
Petition, first motion, waiver application (where grounds exist), second motion and decree — coordinated end to end.
Fraction of Contested Cost
Mutual divorce costs a fraction of contested litigation — in money, years and emotional damage.
How It Works — Step by Step
- 1
Joint ConsultationDay 1–3
Process, rights and realistic settlement ranges explained to both spouses confidentially.
- 2
Settlement Agreement DraftingDay 4–10
Alimony, custody, property, stridhan and mutual releases negotiated and documented.
- 3
Petition Filing & First MotionDay 11–25
Joint petition filed in the family court; statements recorded at first motion.
- 4
Cooling Period / Waiver
6-month statutory period — or waiver application under Amardeep Singh where separation and settlement support it.
- 5
Second Motion & DecreeDay 26–40
Consent reconfirmed; decree of divorce granted and certified copies obtained.
Documents Required
Prepare your documents in the order below — start with Document 1 and move down the list.
Marriage & Identity Documents
- 1
Marriage Certificate / ProofRequired
Certificate, or wedding card + photographs where unregistered.
- 2
Both Spouses' KYCRequired
Aadhaar/PAN, photographs, current addresses.
- 3
Proof of Separation PeriodRequired
Evidence of living separately for 1+ year (lease, address records) — a statutory requirement.
Settlement Documents
- 4
Income & Asset DisclosureRequired
Both sides' income, property and liabilities — the basis of fair settlement.
- 5
Children's DetailsIf applicable
For custody/visitation/education terms, where applicable.
- 6
Stridhan/Joint Asset ListIf applicable
Jewellery, accounts, vehicles and household assets to be allocated.
Frequently Asked Questions
What are the conditions for mutual consent divorce?
Under Section 13B: living separately for one year or more, inability to live together, and mutual agreement that the marriage should dissolve — maintained at both motions. "Living separately" means not as husband and wife; courts have accepted separation under one roof on facts.
How long does the whole process take?
Statutory design: first motion → 6-month cooling period (extendable to 18) → second motion → decree, so typically 6–8 months. The Supreme Court (Amardeep Singh, 2017) made the 6 months waivable where parties have settled fully and separation has been long — with waiver, decrees can come in 1–2 months.
Can the cooling period really be waived?
Yes, on application showing: 1+ years separation (beyond the statutory 1 year), all disputes settled (alimony, custody, property), no chance of reconciliation, and pending the waiver would only prolong agony. Grant is discretionary — our petitions are built to the factors courts cite.
How is alimony decided in mutual divorce?
By agreement — that is the point. Negotiation anchors: incomes and earning capacity, marriage duration, children's needs, assets accumulated, and one-time lump-sum vs periodic structure (lump-sum with full-and-final release is cleanest and our usual recommendation). The agreed amount goes into the settlement and the decree.
What about child custody?
Parents propose the arrangement — sole/joint custody, visitation schedules, holidays, education and expense sharing — and the court approves with the child's welfare as the touchstone. Well-drafted parenting terms prevent the post-divorce friction that drags families back to court.
Can one spouse withdraw consent midway?
Yes — consent must subsist at the second motion; either spouse can withdraw before it, leaving the other to contested remedies. This is precisely why complete settlement before first motion, and waiver where eligible, are the strategy: shrink the withdrawal window.
We married under Special Marriage Act / are from different religions. Same process?
Equivalent — Section 28 SMA mirrors 13B for civil/inter-faith marriages. Christian and Parsi law have parallel mutual-consent provisions (with some procedural differences); Muslim couples use Mubarat/khula frameworks. We route the petition under your applicable law.
Do both of us need to appear in court?
Both spouses appear at both motions to record consent — that is the safeguard of the process. Courts increasingly permit video-conference appearance for NRI parties on application, and PoA appearances in limited circumstances. NRI logistics are something we plan around at filing.
What Our Clients Say
4.6/5(2,000+ reviews)A single legal notice recovered ₹3.2 lakh that was pending for 9 months. Professional drafting makes all the difference.
My Pvt Ltd was registered in 12 days flat. Every step explained, pricing exactly as quoted, and the post-incorporation kit covered everything. Highly recommended.
Our trademark got objected and we were clueless. Their IP attorney drafted a brilliant reply — mark accepted and published within months.
Related Services
Legal Notice (Money Recovery)
Recover your money without going to court first — a lawyer's legal notice that makes defaulters take you seriously.
₹750onwards
Cheque Bounce Notice
Cheque bounced? Act within 30 days — Section 138 demand notice drafted and dispatched before your right expires.
₹1,000onwards
Legal Notice Reply
Received a legal notice? Don't panic, don't ignore — an advocate-drafted reply that protects your position.
₹1,250onwards
Consumer Complaint
Cheated by a seller, builder, hospital or service provider? File a consumer complaint — refunds, replacement and compensation.
₹1,500onwards
Helpful Reads
All articlesIncome Tax
Section 80C Deductions: Full List, ₹1.5 Lakh Limit & Best Options
Section 80C lets you cut taxable income by up to ₹1.5 lakh. Here's the full list of eligible investments, lock-ins and the smartest picks.
Business Registration
MSME / Udyam Registration in 2026: Benefits, Eligibility & Process
Udyam (MSME) registration is free, takes minutes, and unlocks cheaper loans, government tenders, subsidies and protection against late payments. Here's how to register.
Income Tax
Income Tax Notice Types: 143(1), 139(9), 148 — What Each Means & What To Do
Not every notice is trouble — but every notice has a deadline. Decode 143(1), 139(9), 142(1), 143(2), 148 and 245 in plain language, with exact response steps.
Ready to start your Mutual Divorce?
Free consultation. Transparent pricing. Expert execution.
Get Started Now