I’m living in India and considering getting a divorce—can someone explain the full legal process, including how to start, what documents are needed, how long it takes, and whether it’s different if both partners agree or not?
In India, the divorce process is governed by personal laws depending on the religion of the couple, or by the secular Special Marriage Act, 1954 for interfaith marriages. The procedure may vary slightly, but the general steps remain consistent across most laws.
The first step in filing for divorce is identifying the appropriate grounds under the law. For example, under the Hindu Marriage Act, 1955, common grounds include cruelty, adultery, desertion for more than two years, mental disorder, or irretrievable breakdown of marriage. Once the ground is determined, the spouse intending to file must approach the Family Court having jurisdiction where either the husband or wife resides or where they last resided together.
Next, a divorce petition is drafted, preferably with legal assistance, and filed in the family court. The petition should clearly mention the ground of divorce, facts of the case, and supporting documents (like the marriage certificate, proof of cruelty or desertion, etc.). Upon submission, the court issues a notice to the other party, and they are summoned to appear in court.
The court then begins preliminary hearings, where it attempts reconciliation between the spouses, often through court-appointed mediators. If reconciliation fails, the court proceeds to the trial phase. Both parties submit evidence and arguments, and witness testimonies may be recorded.
If the judge is satisfied that the grounds for divorce are proven and legal requirements are met, a divorce decree is granted. If there are issues of alimony, maintenance, child custody, or property division, the court may pass separate orders or club them with the final judgment.
It’s worth noting that for mutual consent divorce, the process is quicker. Both spouses file a joint petition stating that they have been living separately for at least one year and mutually agree to dissolve the marriage. After the first motion and a six-month cooling-off period (which may be waived), the second motion is filed. If both parties still agree, the divorce is granted.
The entire process can take anywhere from 6 month's (for mutual consent) to several years (for contested cases), depending on complexity, evidence, and court backlog.
