“7 Crucial Steps to File for Divorce in India: A Complete 2024 Guide”

Introduction

Steps to File for Divorce in India : Divorce is a life-altering decision, and knowing how to apply for divorce in India legally can save you time, money, and emotional stress. Whether you’re considering a mutual divorce or a contested divorce, this guide covers everything—documents, procedures, costs, and laws—to help you navigate how to get a divorce in India smoothly.

What You’ll Learn | Steps to File for Divorce in India:

✅ Types of divorce in India (Mutual vs. Contested)
✅ Step-by-step process for filing divorce in India
✅ Required documents & legal fees
✅ Alimony, child custody & property division
✅ Common challenges & how to avoid delays

(Source: Indian Divorce Act, Supreme Court of India)

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1. Types of Divorce in India

A. Mutual Divorce (Section 13B, Hindu Marriage Act, 1955)

• Both spouses agree to separate amicably.

• Conditions:

  • Living apart for 1+ year

  • Settlement on alimony, child custody, and assets

B. Contested Divorce (Section 13, Hindu Marriage Act, 1955)

• One spouse opposes the divorce.

• Grounds: Adultery, cruelty, desertion, mental illness.

(Source: Legal Service India)

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2. How to Apply for Divorce in India: Step-by-Step Process | Steps to File for Divorce in India

 

Step 1: Hire a Divorce Lawyer

• A family lawyer helps draft the petition.

Step 2: File the Divorce Petition

• Submit in Family/District Court with:

  • Marriage certificate

  • Address proof

  • Photos, evidence (if contested)

Step 3: Court Notice & Response

• Other spouse must reply within 90 days.

Step 4: Mediation & Counseling (Mandatory)

• Attempt reconciliation (if mutual divorce).

Step 5: Final Hearing & Decree

• Mutual divorce: 6-month cooling period.

• Contested divorce: 2-5 years.

(Source: Indian Kanoon)

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3. Documents Required for Divorce in India

✔ Marriage certificate
✔ Proof of address (Aadhaar, voter ID)
✔ Income proof (for alimony)
✔ Evidence (cruelty, adultery – if contested)

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4. Cost of Divorce in India

• Mutual divorce: ₹5,000 – ₹25,000

• Contested divorce: ₹50,000 – ₹2,00,000+

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5. Alimony & Child Custody Rules

• Wife can claim maintenance under Section 125 CrPC.

• Child custody depends on welfare, not gender.

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6. How to Avoid Divorce Delays?

• Opt for mutual consent divorce.

• Keep all documents ready.

• Hire an experienced lawyer.

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25 FAQs on Divorce in India | Steps to File for Divorce in India 

 

1. How long does a mutual divorce take in India?

→ 6-18 months (including cooling period).

2. Can I file for divorce online in India?

→ Yes, some states allow e-filing.

3. What if my spouse refuses to sign divorce papers?

→ It becomes a contested divorce.

4. Is adultery a valid ground for divorce?

→ Yes, under Section 13(1)(i) of the Hindu Marriage Act.

5. Can a wife claim property in a divorce?

→ Only marital property is divided.

6. What is the fastest way to get divorce in India?
   → Mutual consent divorce (6-18 months) is quicker than contested divorce (2-5 years).

7. Can I get divorce without going to court?
   → No, all divorces in India require court approval, even mutual consent cases.

8. Which court should I file for divorce in?
   → File in the family court where:

   • You last lived together, OR

   • Your spouse currently resides

9. What happens if my spouse doesn’t appear in court?
   → Court may proceed ex-parte after proper notice (Order 9 Rule 6, CPC).

10. Can divorce be done on same day in India?
    → No, minimum 6 months cooling period for mutual divorce (waivable in special cases).

Legal Grounds for Steps to File for Divorce in India |  FAQs

11. What counts as mental cruelty for divorce?
    → Verbal abuse, false allegations, withholding sex, or constant humiliation (Supreme Court guidelines).

12. Is 1 year separation mandatory for mutual divorce?
    → Yes, under Section 13B of Hindu Marriage Act.

13. Can I get divorce if my spouse has depression?
    → Only if it’s incurable and makes cohabitation unbearable (Section 13(1)(iii)).

14. Is WhatsApp chat evidence valid for divorce?
    → Yes, if properly authenticated (Bombay HC, 2019).

15. Can divorce be denied in India?
    → Yes, if grounds are insufficient or reconciliation is possible.

Financial & Property FAQs

16. How is alimony calculated in India?
    → Based on:

• Spouse’s income

• Living standards

• Duration of marriage

• Age/health of parties

17. Can husband claim alimony in India?
    → Yes, if he’s disabled or financially dependent (rare cases).

18. Who pays divorce fees in India?
    → Generally each spouse pays their own costs unless court orders otherwise.

19. Is inherited property divided in divorce?
    → No, inherited property stays with original owner (Exception: If converted to marital property).

20. Can wife claim husband’s pension after divorce?
    → Yes, courts may grant portion of pension as maintenance.

Special Cases FAQs

21. Can NRI file for divorce in India?
    → Yes, if marriage was solemnized in India or respondent lives in India.

22. What if spouse is missing for divorce?
    → File for divorce by publication in newspaper (Order 5 Rule 20, CPC).

23. Can divorce be revoked after mutual consent?
    → Only during 6-month cooling period by withdrawing consent.

24. Is second marriage allowed without divorce?
    → No, it’s bigamy (punishable under Section 494 IPC).

25. How to check divorce status online?
    → Check district court website or https://ecourts.gov.in/

Post-Divorce FAQs

26. Can divorce decree be challenged?
    → Yes, within 30 days (appeal period).

27. How to change name after divorce?
    → Submit gazette notification with divorce decree.

28. Can ex-wife claim property after divorce?
    → Only if granted in decree or maintenance agreement.

29. Is remarriage immediately allowed after divorce?
    → Yes, unless specific religion has waiting period.

30. What if ex-spouse doesn’t pay maintenance?
    → File execution petition in same court (Section 128 CrPC).

Procedural FAQs

31. How many hearings for mutual divorce?
    → Typically 4-6 hearings over 6-12 months.

32. What if spouse doesn’t sign mutual divorce papers?
    → Convert to contested divorce with appropriate grounds.

33. Can divorce case be transferred to another city?
    → Yes, under Section 24 of CPC for valid reasons.

34. Is witness required for divorce filing?
    → Yes, 2-3 witnesses needed for contested cases.

35. Can divorce be filed during pregnancy?
    → Yes, but courts may postpone hearing for humanitarian reasons.

Additional Tips  | Steps to File for Divorce in India:

• Always get certified copies of divorce decree

• Update all legal documents post-divorce

• Consider mediation before litigation

• Maintain all financial records

• Secure child’s birth certificate/school records

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Conclusion

Filing for divorce in India is complex, but with the right legal steps, you can ensure a fair and quick resolution. Whether it’s mutual or contested, knowing how to get a divorce in India legally protects your rights. Steps to File for Divorce in India

Need help? Consult a divorce lawyer today!

(Sources: Ministry of Law, National Commission for Women)