Marriage is a bond of love, commitment, respect for one another and a vow to care for each other for many lifetimes to come. Although any marriage starts with the good intention of following up on those vows with utmost dignity and honesty, it can sometimes come crashing down due to any reason.
Tackling an unhappy marriage and finding their way through it can be extremely difficult for a couple. Especially in a society like India, where unhappy and abusive marriages are normalized and both the spouses are advised to adjust by friends and family, it becomes extremely difficult for a person to navigate their life through such a situation.
As a result, many religions, especially in India have their own laws set up in accordance to their customs and traditions for a couple to separate either amicably or through a contested divorce. Once you decide to separate, the most pressing question is often about time. In this article, we discuss exactly how long it takes to get a divorce under Indian law, comparing the realistic timelines of both mutual consent and contested petitions.
How Can I Apply for Divorce in India?
Now, as per the law, there are certain prerequisites that must be fulfilled before applying for a divorce through either method.
1. For Mutual Consent Divorce
- One-Year Separation: Both partners must have lived separately for at least one year (12 months). Living separately does not necessarily require living in different houses or locations; rather, it means the couple has not been cohabiting as husband and wife.
- Irreconcilable Differences: Both partners must mutually agree that reconciliation or mending the relationship is no longer possible.
- Free Consent: As the name implies, both partners must give their free consent to the dissolution of the marriage, without any force, fraud, or undue influence.
2. For Contested Divorce
- One-Sided Intent: A contested divorce occurs when one partner wishes to legally separate, but the other spouse does not yet agree to the dissolution.
- Specific Grounds: The petition must be filed based on legally recognized grounds, such as cruelty, adultery, desertion, mental illness, or religious conversion.
- No Minimum Timeline to File: Unlike mutual divorce, there is no strict waiting period regarding how long you must be married before filing a contested divorce; it can be filed at any point if valid grounds exist.
Have Questions About Your Situation?
Going through divorce, domestic concerns, child custody, maintenance, or NRI matters will surely confuse you with a lot of questions. So, if you’re not sure of your legal rights, you can talk to a lawyer and understand how things work.
We’re available if you’d like to talk to us or ask us your doubts. We ensure you receive the right legal guidance to better understand your situation.
How Much Time Does It Take To Get A Mutual Divorce?
Opting for a mutual divorce is widely considered the best approach to obtaining a legal decree from the family court. It is the fastest and far less tedious way to dissolve a marriage while keeping the respect and dignity of both individuals intact. Under Hindu law, a couple is generally not permitted to apply for the dissolution of marriage until one year has passed since the date of the wedding.
Additionally, the couple must have been residing separately in a non-marital capacity for a period of at least one year. Once these two essential conditions are fulfilled and the necessary evidence is compiled, a couple can jointly apply for a mutual consent divorce.
Expected Timelines and the Cooling-Off Period
Typically, after filing the initial joint application, it takes around 12 to 18 months to receive the final mutual divorce decree from the court. However, this timeline can be significantly shortened under current judicial rules.
If the family court exercises its discretionary power to waive the statutory six-month cooling-off period (which is traditionally given to couples as a final opportunity to think about reconciliation), a decree can be granted much sooner, provided all settlement terms are fully finalized.
How can I apply for mutual divorce?
Many of the legal steps outlined below usually occur simultaneously during the process. Therefore, a couple seeking a mutual divorce does not need to visit court repeatedly. Before filing, both spouses must sign a joint agreement regarding alimony and child custody distribution.
- Filing of a joint divorce petition
- Appearance of both parties in court
- Scrutiny of evidence and recording of statements on oath
- Passing of the First Motion
- Discretionary cooling-off period
- Passing of the Second Motion
- Final decree of divorce passed by the court
This smooth procedure ensures a completely hassle-free separation while saving valuable time for both parties.
How Much Time Does It Take To Get A Contested Divorce?
In contrast, the legal timeline for a contested divorce is significantly longer and more exhausting. As the name suggests, this occurs when one partner is ready to separate but the other spouse does not wish to agree to a legal split. The process takes time from the very beginning, as the spouse seeking the divorce must first choose the right family lawyer to represent their concerns and interests in court, judiciously.
Before filing the petition, the contesting spouse must gather sufficient evidence and find witnesses to make their petition iron-clad against the other party. Preparing such a detailed petition is a heavy task that requires a considerable amount of time.
Extended Court Proceedings and Appeals
Once the petition is filed in court, the judge reviews the arguments from both sides before moving the case forward. Over subsequent months, and often years, multiple court hearings take place to present, cross-examine, and scrutinize all evidence and witnesses. Because the legal system ensures a fair trial, the other spouse is given an equal opportunity to defend themselves at every stage.
The entire process of a contested divorce typically takes 2 to 3 years, and can stretch to 5 years in highly complex cases to bear any fruitful result. Furthermore, if either aggrieved spouse decides to appeal to the High Court against the final order of the family court, the timeline is extended even further as the legal review process is repeated.
How can I apply for contested divorce?
Applying for a contested divorce can often become a lengthy and highly tedious task. This situation occurs when one spouse wants a separation but the other disagrees. Consequently, all critical decision-making power is completely surrendered to the family court judge. This difficult litigation process requires frequent visits to court and deep strategy sessions.
- Filing of the petition by the husband or wife
- Issuance of summons and court appearances
- Mandatory reconciliation attempt conducted by the court
- Filing of a reply or counter-reply by the respondent spouse
- Examination and cross-examination of witnesses and evidence
- Final arguments presented by the counsels for both parties
- Decree of divorce passed by the court
- Filing of a petition of appeal, if any
How GS Bagga & Associates Can Help You?
When a marriage no longer functions as a happy partnership, parting ways is often the healthiest choice for your future well-being. Navigating this legal transition requires experienced advocates who will protect your rights and dignity while minimizing unnecessary delays.
The legal team at Law Office Of G.S. Bagga & Associates brings over 20 years of combined legal experience in family law, matrimonial disputes, child custody, domestic violence protection, and NRI divorce matters across the courts of India.
If you are looking for trusted, strategic legal guidance through a mutual or contested divorce, we are here to support you with our legal expertise. Get in touch with us today to book a free consultation. Feel free to contact our office directly or fill out our online form to take your first step forward.
Have Questions About Your Situation?
Going through divorce, domestic concerns, child custody, maintenance, or NRI matters will surely confuse you with a lot of questions. So, if you’re not sure of your legal rights, you can talk to a lawyer and understand how things work.
We’re available if you’d like to talk to us or ask us your doubts. We ensure you receive the right legal guidance to better understand your situation.
