Do we need separation before mutual divorce filing process?
We have been married since 13/12/2017 and are still living together. We have a 4-year-old son. I am planning to file for mutual divorce. Do we need to live separately before starting the divorce proceedings?
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Advocate By LEAD INDIA
Answered: 16 May 2025
For mutual divorce, living separately is not mandatory, but both parties must agree that the marriage has irretrievably broken down. You can file a joint petition and state that despite living under one roof, you’re not living as husband and wife. Courts do accept this with mutual consent. For further legal assistance contact us on our helpline number.
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