How Long Does It Take For A Mutual Divorce To Finalize?

In India, the process of obtaining a mutual divorce typically takes 6 months to 1 year to finalize, depending on various factors. Mutual divorce is the process where both spouses agree to dissolve their marriage amicably and file for divorce together, making it generally quicker and less contentious than a contested divorce.

Timeline for Mutual Divorce:

1. Initial Filing (First Motion):
   • The couple files a joint petition for divorce in the appropriate family court under Section 13B of the Hindu Marriage Act, 1955 (or under the Special Marriage Act, 1954 for interfaith marriages).
   • After filing the petition, the court typically grants a first motion hearing where both spouses need to appear. The court then reviews the petition and ensures that both parties are consenting to the divorce voluntarily.
   • Timeline: The first motion usually takes 1 to 3 months from the date of filing.
2. Cooling-Off Period (6-Month Wait):
   • According to Indian divorce laws, a 6-month cooling-off period is mandatory between the first and second motion, even in mutual consent divorces. This waiting period is intended to provide time for the couple to reconsider their decision and possibly reconcile.
   • Exception: In cases where the couple proves that they have already been living separately for over a year, they may request the court to waive off this waiting period, though this is not always granted.
   • Timeline: The mandatory cooling-off period lasts for 6 months.
3. Second Motion and Final Hearing:
   • After the cooling-off period, the couple appears before the court for the second motion. At this stage, the court ensures that both parties still consent to the divorce and that no coercion or fraud has occurred.
   • The court will review the settlement terms, including alimony, child custody, and property division, and issue a final order for divorce if everything is in order.
   • Timeline: The second motion typically occurs 1 to 3 months after the cooling-off period, depending on court availability.
4. Decree of Divorce:
   • Once the second motion is filed and all conditions are met, the court grants the decree of divorce, officially dissolving the marriage.
   • Timeline: The final decree is usually issued within a few weeks to a month after the second motion.

Factors Influencing the Duration:

1. Court Backlog: The number of cases in the court may cause delays. Courts in metropolitan areas may be more congested, potentially extending the process.
2. Agreement Between Spouses: If the spouses have settled all financial, property, and child custody matters amicably, the process will be smoother and faster.
3. Waiver of Cooling-Off Period: In some cases, the couple may request the court to waive the 6-month cooling-off period, but this is up to the judge’s discretion.
4. Complications or Objections: If one of the parties withdraws consent or raises objections, the process could be delayed or even contested.

Example:

A couple files for mutual divorce in January. The first motion hearing happens within 1 to 2 months. After that, the 6-month cooling-off period starts, and they have to wait until July to file the second motion. The final divorce decree may be granted by September, completing the process within approximately 8 to 9 months.

Conclusion:

The mutual divorce process in India usually takes around 6 to 12 months to finalize. The first motion and second motion hearings are separated by a mandatory 6-month cooling-off period, although the court may waive this if the couple has been living separately for over a year. The overall timeline depends on court availability, the complexity of the case, and the level of agreement between the spouses.