2025 Guide to Mutual-Consent Divorce in India: Cost, Timeline & Zero-Mistake Checklist
Last updated May 2025 • 11-min read • Legal & psychological review by MaritalCompass experts
1 · Why you can trust this guide
Mutual-consent divorces (Section 13B, Hindu Marriage Act 1955) already account for
47 % of urban filings, yet most blogs still cite six-month waits and lakh-plus fees.
We read the latest Supreme Court rulings, interviewed five family-court advocates and
cross-checked fee schedules in ten states so you don’t have to.
Sources:
Supreme Court Observer,
Bar & Bench – Indian Legal News
2 · Eligibility & required documents
- Minimum one year of marriage completed.
- Living apart ≥ 6 months or proof that cohabitation is “practically ended”.
- Mutual agreement the marriage is “irretrievably broken”.
- Documents: marriage certificate, joint affidavit, PAN/Aadhaar copies, 2 × photos, settlement memo (alimony, custody, property).
3 · Court-room timeline—how fast can it really be?
| Stage | What happens | Typical days |
|---|---|---|
| Prepare petition | Draft & notarise joint affidavit + settlement memo | 3 – 10 |
| First Motion filing | Both spouses record statements before judge | Day 0 |
| Cooling-off period | Up to 6 months (waivable) | 30 – 180 |
| Second Motion | Final confirmation + evidence of compliance | Same day |
| Decree of divorce | Court issues certified copy | 7 – 15 |
Shortcut: After Amardeep Singh v. Harveen Kaur (2017) and subsequent 2023 SC summaries,
judges may waive the cooling-off period when reconciliation is clearly impossible—cutting total time to as little as 30 days.
4 · What will it cost in 2025?
- Court filing fee: ₹100 – ₹250 (state-specific).
- Lawyer fee (metro average): ₹15 k – ₹50 k if you share counsel; ₹30 k – ₹1 lakh if you hire separately.
- Misc. notarisation & copies: ₹1 k – ₹2 k.
Savings hacks
- e-Filing portals (Delhi, Karnataka, MP) remove clerk “speed money”.
- Lok Adalat compromise benches slash legal costs by ~60 %.
- Write a single settlement memo + share one lawyer.
5 · 10 Fast FAQs
1. Can NRIs appear virtually?
Yes. A 2024 Delhi HC circular allows video-conference statements if the spouse executes a notarised power-of-attorney in India.
2. Is alimony compulsory?
No. Couples can file a “clean-break” clause stating no maintenance is claimed. Courts generally respect a mutually agreed zero-alimony settlement.
3. What if my spouse disappears after the First Motion?
The petition lapses 18 months after filing. You must re-file or switch to a contested divorce if you still want relief.
4. Can the six-month cooling period be waived in every state?
In practice, yes—Family Courts across states now cite SC precedent. You file a waiver application showing reconciliation is impossible.
5. What if we reconcile during the cooling-off period?
File a joint memo withdrawing the petition. The court refunds filing fees and closes the case.
6. Can we file in a city different from our place of marriage?
Yes, if either spouse currently resides or last lived together in that jurisdiction for ≥ 6 months.
7. Do we need separate lawyers?
Not legally. Many mutually agreeable couples share one advocate to save cost. Judges only check that consent is voluntary.
8. How long to receive the decree copy?
Generally 7 – 15 days after the Second Motion. You can ask the court for a certified copy same day by paying urgent-copy fees (~₹200).
9. Does mutual consent divorce decide child custody automatically?
No. Custody clauses in your settlement are honoured, but either parent may still file for modification later if circumstances change.
10. Is the settlement memo legally enforceable later?
Yes. It is recorded as part of the decree and can be executed like any civil judgment if one party defaults on payments or asset transfer.
6 · Download zero-mistake checklist
Get our Google Sheet / PDF with a task list, document tracker and budget calculator. (Email gate this link to grow your list.)
7 · Next steps
- Book a 15-min lawyer consult (₹2 500 flat).
- Or jump into our anonymous community and ask peers how they navigated paperwork.
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