In Indian matrimonial law, there are primarily two categories of divorce: mutual consent divorce and contested divorce. Both serve the purpose of legally dissolving a marriage, but they differ significantly in terms of procedure, time, and complexity.

Mutual consent divorce, as the name suggests, is when both spouses agree that the marriage has broken down beyond repair and jointly seek to end it. This form of divorce is governed by provisions like Section 13B of the Hindu Marriage Act, 1955, Section 28 of the Special Marriage Act, 1954, and similar clauses in other personal laws. The parties must file a joint petition stating that they have been living separately for at least one year and cannot live together.

This petition is filed in the family court, following which the first motion is recorded. There is then a statutory cooling-off period of six months, designed to give parties time to reconsider. However, in recent years, courts have begun waiving this period under exceptional circumstances if the couple has genuinely settled all issues, including child custody, alimony, and property division. The second motion is filed after the cooling-off period, and if both parties still consent, the court grants a divorce decree.

Contested divorce, on the other hand, is filed by one spouse against the other without mutual agreement. It is initiated under grounds prescribed by the respective personal law, such as adultery, cruelty, desertion, mental disorder, conversion of religion, venereal disease, or renunciation of the world. The petitioner must provide convincing evidence to prove these grounds in court.

The contested process is adversarial. Once the petition is filed, the opposite party is summoned and allowed to submit a written statement contesting the claims. Thereafter, the matter proceeds to trial, where both sides present evidence, examine and cross-examine witnesses, and submit arguments. The process can be lengthy, often spanning years, especially if the matter involves disputes over child custody, maintenance, or property.

In mutual consent divorce, the focus is on settlement and cooperation, while in contested divorce, the court acts as an adjudicator between conflicting claims. Mutual divorce is significantly faster, less expensive, and less emotionally taxing. Contested divorce, though sometimes necessary, tends to be more complex and combative.

In conclusion, while mutual consent divorce is ideal where both parties agree, contested divorce is the legal remedy where such agreement is absent, or when serious allegations must be addressed. Legal representation is highly recommended in both cases to navigate procedures effectively.