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I got married in May 2022. We lived together for about six months in Bangalore. The marriage took place at my residence in Kerala (bride’s house). After six months, we separated, but due to conciliation efforts, we reunited and lived together for two more months. We are now living separately and have agreed on a mutual consent divorce. I would like clarification on the following: • Since the one-year period after final separation is not completed, can we still file a divorce petition? • Can the one-year separation requirement be waived? • Can the six-month cooling-off period be waived, and if so, under what legal provisions? • Can the wife file for divorce in her place of residence where the marriage was solemnized, or is it mandatory to file only in the jurisdiction where we last lived together?
Mutual consent divorce can be filed after one year of final separation. This one-year period usually cannot be waived. However, the six-month cooling-off period may be waived by the court if both agree and there is no chance of reunion. Your wife can file for divorce where the marriage occurred, where she lives now, or where you last lived together. For further legal assistance contact us on our helpline number.