What is the legal procedure to file for divorce?

Advocate Ayantika Mondal Answered: 02 Apr 2026

Dear Client, For filing the divorce in India, a petition is being filed before the family court of the state stating the issue of the divorce. After that, the court issues a notice to the other spouse and an appearance and response by the opposite party is required. Third, the mediation or reconciliation attempts by the court. Later, the submission of the evidence and hearings and then the final judgment (grants or rejects the divorce) by the court is being given. And in the case of mutual consent, both parties file jointly and record statements and after a waiting. the court may grant divorce to the couple, and it is advisable to consult a lawyer for proper guidance based on personal circumstances. I hope this helps and if you have any further issues do not hesitate to contact us.

Advocate A M Iktear Uddin (anik) Answered: 12 Mar 2026

Dear client, The procedure for divorce in India will depend upon the personal Law which governs that of the parties. Under the Hindu Marriage Act, 1955, a spouse could approach for divorce on grounds such as cruelty, desertion or mutual consent. In a mutual consent divorce, both spouses file a joint petition under Section 13B, and this is followed by two motions in court. If the divorce is contested, either spouse may file a petition in the family court stating that there are valid legal grounds for a dissolution of marriage. If you have any query please feel free to contact us.

Advocate By LEAD INDIA Answered: 11 Mar 2026

The procedure for divorce in India depends on the personal law applicable to the parties. Under the Hindu Marriage Act, 1955, a spouse can file for divorce on grounds such as cruelty, desertion, or mutual consent. In a mutual consent divorce, both spouses file a joint petition under Section 13B, followed by two court motions. If the divorce is contested, one spouse can file a petition in the family court stating valid legal grounds for dissolution of marriage. For further legal assistance contact us on our helpline number.