Filing for divorce is a life-changing decision, and the process can often seem confusing or intimidating. If you’re wondering how to file for divorce, this guide will walk you through the entire legal process in India, whether you’re pursuing a mutual consent or contested divorce. As legal experts handling family law matters across Navi Mumbai and beyond, we ensure this blog reflects accurate, helpful, and experience-based advice. For more information on legal services related to family law, visit our Divorce Legal Services page.
What Are the Legal Grounds for Divorce in India?
India recognizes various legal grounds for divorce under the Hindu Marriage Act, Special Marriage Act, and other personal laws. Here are some common grounds:
- Cruelty
- Adultery
- Desertion (for at least 2 years)
- Mental disorder
- Conversion to another religion
- Venereal disease or leprosy
- Presumed death (missing for 7 years)
To read the full legal text, refer to the Hindu Marriage Act, 1955.
What Are the Types of Divorce in India?
There are two main types:
India recognizes various legal grounds for divorce under the Hindu Marriage Act, Special Marriage Act, and other personal laws. Here are some common grounds:
| Type | Meaning | Court Involvement |
|---|---|---|
| Mutual Consent | Both partners agree to divorce | Quicker, less complex |
| Contested Divorce | One partner doesn’t agree or disputes arise | Longer, more complex |
How to File for Divorce in India: Step-by-Step Process
1. Determine Divorce Type
- If both spouses agree, go for mutual divorce
- If one disagrees, it becomes contested divorce
2. Consult a Divorce Lawyer
- Legal advice ensures your rights are protected
- Helps with drafting, documentation, and representation
Explore our Family Court Lawyer Services for expert legal assistanc
3. Draft and File the Divorce Petition
- Prepare the petition based on the applicable personal law
- File the petition in the Family Court with jurisdiction
4. Serve Notice to the Other Party (For Contested Divorce)
- Court serves the petition to the other spouse
5. Court Hearings and Evidence Submission
- In contested cases, evidence is submitted and witnesses are examined
6. Cooling-Off Period (for Mutual Divorce)
- 6-month period (can be waived in some cases)
7. Final Decree by the Court
- Once satisfied, the judge grants the divorce decree
Can You File for Divorce Online in India?
Yes, certain states allow online filing through eCourts portals or state judiciary websites. However, court appearance is still needed for final hearings.
Steps to File Divorce Online:
- Visit the official eCourts website or local court portal
- Register and upload your documents
- Submit your divorce petition digitally
- Pay court fees online
- Wait for hearing notice or date
How to Apply for Mutual Divorce?
To file for mutual divorce:
- Both partners must agree in writing
- File a joint petition with affidavits
- Attend the first motion hearing
- Wait for the cooling-off period
- Appear again for the second motion
- Court grants the final decree
Documents Required:
- Marriage certificate
- Address and ID proofs
- Photos
- Marriage details and separation reason
- Income and asset proofs
Want a checklist? Visit our detailed blog: Documents Required for Divorce in India.
How Long Does It Take to Get a Divorce in India?
- Mutual Divorce: 6 months to 1 year
- Contested Divorce: 1 to 3 years depending on case complexity
How Much Does It Cost to File for Divorce?
- Court Fees: Nominal (~INR 100–500)
- Lawyer Fees: Depends on experience and city (~INR 15,000 to INR 1 lakh+)
Can You Get a Divorce Without Going to Court?
No, as of now, Indian law mandates at least one court appearance, even in mutual divorce. However, some hearings can be held virtually post-COVID.
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Frequently Asked Questions (FAQs)
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Q1: How to file for divorce without a lawyer?
You can self-file, but it's not recommended due to legal complexities. A lawyer ensures documents are correct and rights are protected.
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Q2: What if one spouse refuses to divorce?
You can file a contested divorce and the court will decide based on merits and evidence.
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Q3: Is online divorce valid in India?
Yes, partial procedures are online, but at least one physical or virtual court appearance is required.