{"id":2847,"date":"2022-08-05T09:36:08","date_gmt":"2022-08-05T09:36:08","guid":{"rendered":"https:\/\/gsbagga.com\/?p=2847"},"modified":"2025-11-24T14:22:56","modified_gmt":"2025-11-24T14:22:56","slug":"filing-mutual-divorce-basic-documents-steps-involved-cost-expected-time","status":"publish","type":"post","link":"https:\/\/gsbagga.com\/beta\/filing-mutual-divorce-basic-documents-steps-involved-cost-expected-time\/","title":{"rendered":"Filing Mutual Divorce: Basic Documents, Steps Involved, Cost & Expected Time"},"content":{"rendered":"

Mutual Divorce is a Divorce when both the husband and wife agree to end their marriage. One should keep in check before filing the petition that a divorce by mutual consent can only be filed after first year of marriage<\/a>.<\/p>\n

Whether you are opting for a mutual consent divorce or contesting it, there are a few things about you should know. In this Blog, one will briefly and clearly understand, the basic documents are, steps required, cost, expected time needed for a mutual divorce.<\/p>\n

The following describes what all things are needed in a categorical way:<\/p>\n

When one can file for mutual consent divorce<\/u><\/strong><\/p>\n

The following things a husband and a wife should be aware before filing is that:<\/p>\n

    \n
  1. Husband and wife have been staying separately for a period of one year.<\/li>\n
  2. Husband and wife both have agreed for a mutual divorce.<\/li>\n
  3. Husband and wife are unable to live together.<\/li>\n<\/ol>\n

    Section under which Mutual consent Divorce can be filed <\/u><\/strong><\/p>\n

      \n
    1. Section 13B of the Hindu Marriage Act, 1955 (Husband and wife are living separately for a minimum of 1 year).<\/li>\n
    2. Section 28 of the Special Marriage Act, 1954.<\/li>\n
    3. Section 10A of the Divorce Act, 1869 (Husband and wife are living separately for a minimum of 2 years)<\/li>\n<\/ol>\n

      Where the petition for mutual divorce is filed?<\/u><\/strong><\/p>\n

      A Divorce by mutual consent can be filed in the family court of the area were<\/p>\n

        \n
      1. The husband and wife got married.<\/li>\n
      2. The husband and wife last resided.<\/li>\n
      3. The husband is currently living.<\/li>\n
      4. The wife is currently living.<\/li>\n<\/ol>\n

        Usual Documents required to file mutual consent divorce are as follows<\/u><\/strong>:<\/strong><\/p>\n

          \n
        1. Marriage Certificate.<\/li>\n
        2. Address Proof.<\/li>\n
        3. Details of professions (salary slips, appointment letter).<\/li>\n
        4. Details of Income Tax statements (last 3 years).<\/li>\n
        5. Information of family background.<\/li>\n
        6. Details of property and assets.<\/li>\n
        7. Current earnings.<\/li>\n
        8. Marriage photographs (minimum four).<\/li>\n
        9. Evidence of staying\/living separately for more than a year.<\/li>\n
        10. Evidence proving husband and wife have failed to reconcile i.e. there is no option of getting back together as husband and wife.<\/li>\n
        11. Other documents which the court may seek depending on the case.<\/li>\n<\/ol>\n

          Steps involved in a Mutual consent Divorce <\/u><\/strong><\/p>\n

          In Mutual Consent Divorce the petition is filed in two motions:<\/p>\n

          Step 1 \u2013 First motion is Jointly filing of divorce petition by both the parties.<\/p>\n

          Step 2 \u2013 Husband & Wife appear before the court to record statements after filing of the petition.<\/p>\n

          Step 3 \u2013 Court will examine the petition. Documents, record statements, try of reconciliation.<\/p>\n

          Step 4 \u2013 Court will pass an order.<\/p>\n

          Step 5 \u2013 Court generally grants six months period to the husband and wife to rethink about their decision.<\/p>\n

          Step 6 \u2013Second Motion is filed within 18 months of the first motion by the parties.<\/p>\n

          Step 7 \u2013 Court will pass a Decree of divorce i.e., a final decision binding on both the parties.<\/p>\n

           <\/p>\n

          Expected Time to deliver the Decree of Divorce<\/u><\/strong><\/p>\n

          18-24 months is the usual time taken by the court to grant a decision on the mutual consent divorce. Also, divorce by mutual consent can be obtained within six months it completely depends upon the nature of case and the court.<\/p>\n

          Summary of the things that is required by a person to know about Mutual consent Divorce<\/u><\/strong><\/p>\n

            \n
          1. There are no specific grounds to file for divorce by mutual consent.<\/li>\n
          2. Divorce by mutual consent is filed under Section 13B of the Hindu Marriage Act, 1955.<\/li>\n
          3. Petition is filed jointly by both the husband and wife.<\/li>\n
          4. Decision is taken on child custody, maintenance, property and other investments by the husband and wife.<\/li>\n
          5. The husband and wife may have a common advocate for filing the petition or may have separate advocates.<\/li>\n
          6. The average time taken to grant the decision on mutual divorce is about 18- 24 months.\u00a0<\/u><\/strong><\/li>\n<\/ol>\n

            Advantages of Divorce by Mutual Consent <\/u><\/strong><\/p>\n

              \n
            1. Husband and wife are out of unnecessary litigation process.<\/li>\n
            2. The remedy of mutual consent is effective and quick.<\/li>\n
            3. The litigation process is cost effective and hassle free.<\/li>\n
            4. Husband and wife seek to a settlement.<\/li>\n
            5. Husband and wife do not exploit themselves during litigation.<\/li>\n<\/ol>\n

              How Divorce Lawyer<\/a> at the Law Office of G.S Bagga and Associates help you?<\/u><\/strong><\/p>\n

                \n
              1. We help in making our clients understand and explain the grounds for divorce and save from fault grounds.<\/li>\n
              2. We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.<\/li>\n
              3. We help is maintaining the localassets, collect records, liabilities o that the divorce settlement is addressed.<\/li>\n
              4. We ensure that our clients receive the share of property that the marriage has brought in.<\/li>\n
              5. We help in protecting our clients from any debt that is owed to the other spouse.<\/li>\n
              6. We provide great assistance while preparing the papers for divorce with all the essentials and information required.<\/li>\n
              7. We assist our clients preparing a custody plan\/parenting plan which will fulfill the need of the child and the parents.<\/li>\n
              8. We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.<\/li>\n
              9. We ensure our best in winning the case for our clients.<\/li>\n
              10. We ensure that our clients are taken care of every need and provide the justice that they want.<\/li>\n<\/ol>\n

                We are always happy and ready to assist you in your hard time.<\/p>\n

                We are just a call away!<\/p>\n

                Please do not hesitate to contact us at 9213782334 or email us at [email protected]<\/a> or leave a query at our website: www.gsbagga.com<\/a> or our assistance.<\/p>\n

                Thanks for reading our blog!<\/p>\n

                Your review and comments are valuable for us. Please do not hesitate to improve us should you have any suggestions or opinion.<\/p>\n

                Together we can and bring CHANGE in the society!<\/p>\n","protected":false},"excerpt":{"rendered":"

                Mutual Divorce is a Divorce when both the husband and wife agree to end their marriage. One should keep in check before filing the petition that a divorce by mutual consent can only be filed after first year of marriage. Whether you are opting for a mutual consent divorce or contesting it, there are a […]<\/p>\n","protected":false},"author":2,"featured_media":2659,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-2847","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divorce"],"_links":{"self":[{"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/posts\/2847","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/comments?post=2847"}],"version-history":[{"count":1,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/posts\/2847\/revisions"}],"predecessor-version":[{"id":5272,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/posts\/2847\/revisions\/5272"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/media?parent=2847"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/categories?post=2847"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gsbagga.com\/beta\/wp-json\/wp\/v2\/tags?post=2847"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}