A mutual divorce is a legal process where both spouses agree to end their marriage amicably.
In India, it is typically filed under Section 13B of the Hindu Marriage Act (HMA) or Section 28 of the Special Marriage Act.
It avoids lengthy court battles and is generally quicker and more cost-effective.Key Legal RequirementsTo be eligible for a mutual divorce,
couples must meet specific criteria:Living Separately: You and your spouse must have lived apart for a minimum of 1 year.
Mutual Consent: Both parties must mutually agree that the marriage is broken and consent to the divorce of their own free will,
without coercion.Settlement Terms: You must come to a mutual agreement on critical issues, including alimony/maintenance, child custody,
and property division.The Step-by-Step ProcedureThe process unfolds in two main stages, known as motions:First Motion: Both parties
jointly file a petition in the local Family Court. Both spouses appear before the judge to record their statements on oath.Cooling-Off
Period: The court mandates a 6-month waiting period before the second motion can be filed. This time is given so the couple can reconsider
their decision.Second Motion: After the waiting period (and within 18 months of the first petition), the parties reappear in court to confirm
their decision. If the court is satisfied, it grants the final decree of divorce.Note: In cases where there is no chance of reconciliation,
the court may use its discretion to waive the mandatory 6-month cooling-off period.Essential DocumentsYou will generally need to provide the
following paperwork:Joint divorce petition signed by both spousesMarriage certificateAddress and identity proofs (Aadhaar, PAN) of both
partnersPassport-sized photographsIncome tax returns, bank statements, and asset details (for financial settlement)Evidence of separate
living arrangements (e.g., separate utility bills, rent agreements)For an exact breakdown of costs and requirements based on your specific
city or background, read more on the BNB Legal Mutual Divorce Guide.If you’re considering taking this step and want tailored information,
let me know:What is your marriage type (Hindu, Christian, Special Marriage Act, etc.)?Do you have any children?Are you looking for
information on court fees and typical lawyer costs in your area?