Mutual Divorce

Joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act / Section 28 SMA — the fastest, dignified path to dissolve a marriage.

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Overview

Understanding Mutual Divorce

A Mutual Consent Divorce is the most efficient and amicable legal process for ending a marriage when both spouses agree that the relationship has irretrievably broken down. Unlike contested divorce proceedings, mutual divorce minimizes conflict, reduces litigation costs, and allows couples to resolve issues through a comprehensive settlement. Our legal team assists clients throughout the Mutual Divorce Process, including preparation of the Mutual Consent Settlement Agreement, filing of the Section 13B Divorce Petition, representation during court hearings, and obtaining the final divorce decree. We also help parties negotiate and document crucial matters such as Alimony, Maintenance, Child Custody, Visitation Rights, Property Settlement, and Stridhan Recovery. Where legally permissible, we advise clients on seeking a Cooling-Off Period Waiver to expedite the divorce process and achieve a timely resolution.
What We Cover

Key Highlights

Faster and Cost-Effective Alternative to Contested Divorce
Legally Binding Settlement of Alimony and Maintenance Claims
Smooth Resolution of Child Custody and Parenting Arrangements
Comprehensive Property and Asset Division Documentation
Reduced Emotional Stress Through Amicable Settlement
Expert Legal Guidance from Petition Filing to Final Decree
Assistance with Cooling-Off Period Waiver Applications
Confidential and Professional Legal Representation
Our Process

How We Help You

A straightforward, transparent path from first call to resolution.

1Settlement Drafting

Negotiate and document terms — alimony, custody, visitation, asset division.

2First Motion

Joint petition filed; both parties record statement before court.

3Cooling Period

6-month statutory pause; can be waived by court in exceptional cases.

4Second Motion

Both parties reaffirm consent; court grants divorce decree.

Checklist

Documents Required

  • Marriage certificate and wedding photos
  • Aadhaar and PAN of both parties
  • Address proof of one-year separate residence
  • Salary slips / IT returns (for maintenance computation)
  • List of assets and liabilities
  • Custody plan (if children involved)
FAQs

Common Questions

Everything you need to know before you begin

Yes — the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) clarified that the period is directory and can be waived where parties have lived apart for over 18 months and reconciliation is impossible.

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