How do you file a divorce case?

According to Indian law, legal divorce is initiated when either spouse files a divorce petition. If the spouses decide to separate according to the law, then either side can initiate mutual divorce under the Hindu Marriage Act 1955.

Section 28 of Special Marriage Act (54), and Section 10A, 1869 of the Divorce Act (1869) both allow for mutual consent in divorce.

These are the conditions that must be met under section 13B (Hindu Marriage Act):

(i) Husband or wife has been living apart for at least one year.

(iii) They are unable to live together.

(iii) The husband and wife have agreed to end the marriage. Therefore, it is best to dissolve the marriage. In these cases, it is possible to file a Divorce by mutual consent.

Method to File Mutual Divorce

Filing and serving divorcing papers

A divorce petition is the first step in divorcing. The petition is signed by the petitioner (the spouse who wrote it) and served on each spouse. The petition is filed in the state court of the county in which one spouse resides. After the divorce petition is served on the spouse, it informs them that the divorce proceedings have begun.

Mutual Divorce: Both spouses must present a joint petition to dissolution of marriage to the relevant family court. This can be on the grounds that they have been living apart for at least one year, or if they have mutually agreed to divorce because they are unable live together. This joint petition for divorcing must be signed by both spouses.

You can file the petition in any one of these places:

  • Court where the couple lived last
  • Court where the couple were married
  • The court where the wife resides currently

To help you prepare, file, and serve the divorce petition, it is a good idea to consult an experienced divorce lawyer.

Although there are specific formats and requirements that vary from one state to the next, most divorce petitions contain the following information:

  • Identification of spouses using name and address
  • Date and location of the marriage
  • Identification of children born to the marriage
  • Recognize that the petitioner (or his/her spouse) has lived in the county or state for a certain period of time before filing the petition
  • Grounds for divorce
  • Request for financial settlement, property division, visitation and other issues related.

Appearance in court and examination of the petition

Both the spouses must appear before the family court after filing the divorce application. The court sets a date and the parties are required to appear together with their counsels. The court reviews the petition and all submitted documents. The court will then proceed with the divorce proceedings once it is satisfied with both the petition and the documents submitted.

Appearing at the second motion and final hearing

After the parties have made their decision to continue with the proceedings and appeared for the second motion they move on with the final hearings. Each party records their statements in front of the court. If the second motion is not filed within 18 months, the court cannot issue a decree for divorce. Every party may withdraw their consent until the decree is overturned.


The court allows for sufficient time to end the relationship. If the marriage is emotionally or physically difficult for both spouses, they have the option of filing for a mutual divorcement. Either party can remarry within three months of the date the court issues the final degree, to Consult Our Expert Lawyers Kindly Visit Our Site or contact us on by

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