How to File for Divorce in India – Complete Guide for Husband and Wife 2025

Marriage not working out? Considering divorce? It's a difficult decision, but Indian law provides a clear legal process to end a marriage with dignity.

Let's understand everything about divorce in simple language.

Two Types of Divorce in India:

1. Mutual Consent Divorce (Both agree)

• Faster (6-18 months)

• Less expensive

• Less stressful

• No blame game

2. Contested Divorce (One wants, other doesn't)

• Takes 2-5 years

• More expensive

• Court proves grounds

• Can be emotionally draining

Grounds for Divorce (When You Can File):

For Both Husband and Wife:

• Adultery (spouse had affair)

• Cruelty (physical or mental torture)

• Desertion (spouse left for 2+ years)

• Conversion (changed religion)

• Mental disorder

• Leprosy

• Venereal disease

• Not heard from spouse for 7 years

• Not living together for 1+ year (mutual consent)

Only for Wife:

• Husband has another living wife

• Husband guilty of rape or unnatural acts

• Marriage before age 18, can reject before 18

Step-by-Step Process for Mutual Consent Divorce:

Step 1: Both spouses agree to divorce and settle all issues:

• Child custody

• Maintenance/alimony

• Property division

• Other claims

Step 2: Prepare a Joint Petition with:

• Marriage details

• When did you separate

• No chance of reconciliation

• Settlement terms agreed

Step 3: File petition in Family Court with:

• Marriage certificate

• Address proof

• Photos together

• Separation agreement

• Affidavits from both

Step 4: First hearing – Court records statements, checks if decision is voluntary

Step 5: Wait 6 months (cooling-off period) – Time to reconsider

Step 6: Second hearing – Confirm you still want divorce

Step 7: Court grants divorce decree

Contested Divorce Process:

Step 1: File petition in Family Court with evidence proving grounds

Step 2: Court issues notice to spouse

Step 3: Spouse files reply

Step 4: Multiple hearings, evidence, witnesses

Step 5: Court examines if grounds are proven

Step 6: If satisfied, grants divorce decree

Documents Required:

✓ Marriage certificate (essential)✓ Address proof of both✓ Passport size photos✓ Proof of grounds (for contested)✓ Income proof (for maintenance)✓ Child birth certificate (if applicable)✓ Property documents (for settlement)

Cost of Divorce:

Mutual Consent: ₹10,000 - ₹50,000 (including court fees and lawyer)

Contested: ₹50,000 - ₹5,00,000+ (depending on case complexity and duration)

Maintenance/Alimony:

Wife can claim:

• Monthly maintenance during case

• Permanent alimony after divorce

• Amount depends on husband's income and her needs

• Usually 25-30% of husband's income

Husband can also claim maintenance if wife earns and he doesn't.

Child Custody:

• Children below 7 years usually stay with mother

• Court decides based on "best interest of child"

• Non-custodial parent gets visitation rights

• Both parents must support child financially

How Long Does Divorce Take?

• Mutual consent: 6-18 months

• Contested: 2-5 years (sometimes longer)

Can We Reconcile After Filing?

Yes! You can withdraw the case anytime before final decree.

Real Example:

Priya and Amit married in 2018. By 2022, they realized they were incompatible. They decided on mutual consent divorce, agreed Priya would get ₹5 lakh as alimony and ₹15,000 monthly maintenance for 2 years. They filed jointly, completed the 6-month waiting period, and got divorced peacefully in 11 months.

Important Points:

• Marriage must be at least 1 year old to file divorce

• NRI and international divorces have different procedures

• Christian divorces follow different laws

• Muslim divorces (talaq) reformed by Supreme Court

• Live-in relationships don't need divorce (not legally married)

Do You Need a Lawyer?

For mutual consent – Lawyer helpful but not mandatoryFor contested – Lawyer strongly recommended

After Divorce:

• You're free to remarry

• Update marital status in documents

• Woman can take back maiden name

• Children's custody/visitation must be followed

Conclusion:

Divorce is never easy, but Indian law ensures a fair process for both spouses. If marriage has broken down beyond repair, legal divorce gives both partners a chance to start fresh with dignity.

Need guidance on your specific situation? Consult a family lawyer in your city.