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Mutual Divorce in Indore
Mutual divorce is a legal process that allows both spouses to end their marriage amicably without blame or lengthy court battles. It is recognized under Section 13B of the Hindu Marriage Act, 1955 for Hindus, Buddhists, Sikhs, and Jains, and under Section 28 of the Special Marriage Act, 1954 for civil or interfaith marriages. In both cases, the couple must have lived separately for at least one year and mutually agree that the marriage has broken down beyond repair. A six-month “cooling-off” period is usually required but can be waived by the court in certain situations. To be eligible for mutual divorce in India, both partners must consent to dissolve the marriage, settle matters like alimony, child custody, and property amicably, and confirm that reconciliation is not possible.
We offer expert legal assistance for couples seeking a smooth, transparent, and hassle-free mutual divorce process in Indore, ensuring compassionate guidance and efficient case handling from start to finish.
Steps to File for Mutual Divorce in Indore
Step 1: Consultation & Petition Preparation
The process begins with a detailed consultation where Indore Lawyers assesses your situation, discusses your goals, and plans the best legal strategy, especially regarding waiving the cooling-off period and minimizing financial implications. Once both parties agree on the terms, our team drafts a strong, technically sound joint mutual consent petition to ensure accuracy and compliance with legal requirements.
Step 2: Filing & Cooling-Off Period Waiver
The joint petition is filed before the Family Court, and both spouses record their statements during the First Motion. As per landmark judgments like Amardeep Singh v. Harveen Kaur (2017) and Shilpa Sailesh v. Varun Sreenivasan (2023), courts can waive the six-month cooling-off period if the couple has lived separately for over a year, agreed on all settlement terms, and has no possibility of reunion. Indore Lawyers prepares compelling affidavits and cites relevant precedents to help shorten this waiting period and speed up your case.
Step 3: Second Motion & Final Decree
After the cooling-off period (or its waiver), both parties appear again for the Second Motion hearing. Once the court confirms mutual consent, it issues the final divorce decree, officially dissolving the marriage. With Indore Lawyers, this process can often be completed in as little as 2–4 weeks, ensuring a smooth, efficient, and stress-free resolution.
Documents Required For Mutual Divorce
Marriage Certificate
Income Documents
Address Proofs of Both Spouses
Agreement on Settlement Terms
Passport-Size Photographs
Proof of Living Separately
Frequently Asked Question on Mutual Divorce Process in Indore
To file for mutual divorce in Indore, both spouses must have lived separately for at least one year and mutually agree to end the marriage. You’ll need to file a joint petition in the family court along with required documents like your marriage certificate, address proofs, and settlement agreement. Indore Lawyers can guide you through every step for a quick and hassle-free process.
A mutual divorce in Indore generally takes about six months due to the mandatory cooling-off period. However, courts may waive this period if both parties meet specific conditions. With expert legal help from Indore Lawyers, the process can often be completed within 2–4 weeks.
You’ll need your marriage certificate, address proofs, passport-size photos, income documents, settlement agreement, and proof of living separately. Indore Lawyers ensures all your paperwork is complete and compliant for a smooth court procedure.
Yes, the 6-month waiting period can be waived by the court if the couple has lived separately for more than a year, settled all issues mutually, and there’s no chance of reconciliation. Indore Lawyers can help you present the right affidavits and case precedents to get this waiver approved.
Indore Lawyers offers expert legal advice, transparent guidance, and fast-tracked mutual divorce filing in Indore. Our experienced family law team ensures minimal stress, complete confidentiality, and efficient handling from start to final decree.
