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How to File Mutual Consent Divorce 2026
Mutual Consent Divorce - Section 13B HMA. Both agree. ₹3K-15K + lawyer. 6-18 months. Family Court.
📁 Documents
⏱️ 2-3 hours
💰 ₹3,000-15,000
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About This Guide
Mutual Consent Divorce under Section 13B Hindu Marriage Act (also Special Marriage Act). Both spouses agree to divorce + alimony + custody. Filed in Family Court. ₹3K-15K court fees + lawyer ₹10K-100K. 6-18 months process. 6-month cooling off (waivable in some cases).
Eligibility Criteria
- Both spouses agreed
- Married 1+ year
- Living separately 1+ year
- Aadhaar mandatory (both)
- Indian citizens
Documents Required
Keep these documents ready before starting application. Missing documents = delayed approval.
- Marriage certificate
- Aadhaar (both)
- PAN (both)
- Address proof (both)
- Photo (both)
- Mutual consent divorce petition
- Settlement of alimony + custody (if children)
- Bank passbook
- Court fee
Step-by-Step Application Process
Follow these steps in order. Each step is critical - skip none.
Both Parties Agree
On divorce + terms.
Engage Lawyer
Combined OR separate.
Settlement Discussion
Alimony + child custody + property.
Joint Petition Filed
Family Court.
6-Month Cooling Off
Court mandates. Some cases waived.
Both Reaffirm
After 6 months.
Second Motion
Second hearing.
Final Decree
Divorce granted.
Court Order
Implementing terms.
Children Custody
Per agreement.
Key Benefits
- Quickest divorce
- Both parties amicable
- Lower cost than contested
- Family Court
- Settlement-based
- 6-18 months
- Children custody clear
- Property division settled
What Happens After Application?
6-18 months total.
Frequently Asked Questions
Cooling off waiver?
Some courts waive 6-month period if marriage broken beyond repair. Lawyer + circumstances.