What is process of mutual consent divorce?

I want a mutual divorce and need advice.

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 17 Apr 2026

Dear client, If a husband and wife want to get a divorce. They both agree they can do it under Section 13B of the Hindu Marriage Act, 1955. The husband and wife must have been living separately for least one year. Then the husband and wife have to go to the Family Court and file a petition. The Family Court will listen to them. Then there is a waiting period. After the waiting period is over the court will give a decision that the husband and wife can get a divorce because they both want it. The husband and wife should make sure they have an agreement on things like money, who gets to take care of the kids and what happens to their property before they file the petition, in the Family Court. If you have any query please feel free to contact us.

Admin
Advocate By LEAD INDIA Answered: 11 Apr 2026

Mutual divorce is possible under Section 13B of the Hindu Marriage Act, 1955. Both husband and wife must agree to end the marriage and live separately for at least one year. They file a joint petition in Family Court, and after cooling period and final consent, court grants divorce. Settlement of alimony, custody, and property should be clearly agreed. For further legal assistance contact us on our helpline number.

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