Mutual Divorce
Joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act / Section 28 SMA — the fastest, dignified path to dissolve a marriage.
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Overview
Understanding Mutual Divorce
Mutual divorce requires both spouses to agree that the marriage has irretrievably broken down. The court grants divorce after two motions separated by a 6-month cooling period (often waived by Supreme Court precedent). Maintenance, alimony, custody and asset division are settled in a comprehensive MoU.
What We Cover
Key Highlights
Drafting comprehensive Mutual Consent Settlement (MCS)
First motion (admission) and Section 13B(1) petition
Second motion (statement) and decree under Section 13B(2)
Cooling-off period waiver application (where eligible)
Custody, maintenance and alimony documentation
Streedhan / property handover memorandum
Our Process
How We Help You
A straightforward, transparent path from first call to resolution.
1
1Settlement Drafting
Negotiate and document terms — alimony, custody, visitation, asset division.
2
2First Motion
Joint petition filed; both parties record statement before court.
3
3Cooling Period
6-month statutory pause; can be waived by court in exceptional cases.
4
4Second Motion
Both parties reaffirm consent; court grants divorce decree.
Checklist
Documents Required
- Marriage certificate and wedding photos
- Aadhaar and PAN of both parties
- Address proof of one-year separate residence
- Salary slips / IT returns (for maintenance computation)
- List of assets and liabilities
- Custody plan (if children involved)
FAQs
Common Questions
Everything you need to know before you begin
Yes — the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) clarified that the period is directory and can be waived where parties have lived apart for over 18 months and reconciliation is impossible.
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