Easy way to get divorce in india

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#118 : Bengaluru - 30 August 2025 at 11:26 pm

The fastest and easiest way to get a divorce in India is through a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. This process involves both parties agreeing to the divorce and filing a joint petition in the appropriate court. 

easy way to get divorce in india

Here's a breakdown of the process:

1. Mutual Agreement: Both spouses must mutually agree to dissolve the marriage and be willing to live separately. 

2. Filing the Petition: A joint petition for divorce is filed in the family court, outlining the reasons for separation and any terms of settlement (like alimony, child custody, and property division). 

3. Cooling-off Period: The court will order a mandatory 6-month cooling-off period (or longer if the court deems it necessary) to allow the couple to reconsider their decision. 

4. Second Motion: If both parties still desire a divorce after the cooling-off period, they can file a second motion for a final decree. 

5. Final Decree: If the court is satisfied that the marriage has irretrievably broken down, it will grant the final decree of divorce. 

Important Considerations:

  • Eligibility:

    The couple must have been living separately for at least one year (or three years if they have children). 

  • Legal Counsel:

    It is advisable to consult with a lawyer to draft the petition and navigate the legal process, according to legal resources. 

  • Alternatives:

    If mutual consent is not possible, other grounds for divorce (such as adultery, cruelty, desertion, etc.) can be pursued under the Hindu Marriage Act, but these can be more complex and time-consuming. 

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