Process
How Long Does a Mutual Divorce Take in India?
By Divorce Setu Editorial Team · Updated · 6 min read
Quick answer
It depends on the court, the judge and how ready your paperwork is. The law requires one year of separation before filing and a gap of at least six months between motions, unless the court waives it. In practice, many couples find it takes from a few months to a year or more.
Couples often ask how long a mutual divorce will take. The honest answer is that it depends on the court, the judge and how ready your paperwork is. What we can do is walk through the stages the law sets out, so you know what to expect.
Stage 1: One year of separation
Under Section 13B(1) of the Hindu Marriage Act, spouses must have been living separately for at least one year before they file. This is a condition for filing, not part of the court process. If you have already been apart for a year or more, this stage is done.
Stage 2: Preparing and filing the first motion
A lawyer drafts the joint petition and the settlement terms, and both spouses sign. Getting documents and agreeing on alimony, custody and property is usually where couples spend the most time. When you are both aligned, this can take a few weeks. See documents required for mutual divorce.
Stage 3: The first motion hearing
Both spouses appear before the family court, their statements are recorded and the petition is admitted. The date of this hearing depends on the court's calendar.
Stage 4: The waiting period (6 to 18 months)
Section 13B(2) says the second motion should come not earlier than six months and not later than eighteen months after the date the petition is presented (the first motion). The gap is meant to give both spouses time to reconsider.
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is directory, not mandatory, so a family court can waive it where its conditions are met, for example when the separation period is already over, reconciliation attempts have failed and all issues are settled. This is at the court's discretion and cannot be guaranteed. Read more in can the 6-month cooling-off period be waived.
Stage 5: Second motion and decree
Both spouses appear again and confirm they still consent. If the court is satisfied, it passes the divorce decree, sometimes on the same day as the hearing and sometimes after a later date.
A realistic overall picture
- Without a waiver: the statutory gap alone is at least six months, plus the time to prepare and the court's hearing dates.
- With a waiver: it can be shorter, but only if the court allows it.
- In practice: many couples find the whole process takes somewhere from a few months to a year or more, depending on the court. Your lawyer can give a better estimate for your city.
What causes delays
- Incomplete or unclear settlement terms on alimony, custody or property.
- Missing documents, such as marriage proof or address proof.
- A spouse not appearing on the hearing date, including abroad.
- Court backlog and adjournments.
- One spouse changing their mind. See what if a spouse changes their mind.
- The second motion not filed in time, since the window under the Act is limited to eighteen months.
How to keep it moving
- Settle all terms, in writing, before you file.
- Keep documents ready and consistent across both spouses.
- Ask your lawyer early whether a waiver application makes sense.
- Note your second-motion window and attend all dates.
For the full sequence, read the mutual divorce process in India, or start your mutual divorce and get a timeline from a lawyer for your court.
Frequently asked questions
- What is the minimum time for a mutual divorce in India?
- The law requires one year of separation before filing, and a six-month gap between motions unless the court waives it. Even with a waiver, the time depends on the court's schedule, so it cannot be guaranteed.
- What is the maximum time between the first and second motion?
- Under Section 13B(2), the second motion should be made within eighteen months of the date the petition was presented. If it is not, the petition may lapse and you may have to file again.
- Does the one-year separation count from the wedding?
- No. It counts from when the spouses started living separately, which can include living under the same roof if they are not living as husband and wife. Your lawyer will confirm how it applies to you.
- Can both spouses be absent from court for a mutual divorce?
- Generally the court wants to hear both spouses. Some courts allow video appearance, which can help NRIs. This varies by court, so check with your lawyer.