01
Consent
Both spouses should agree to divorce and keep consent through both motions.
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Core Requirements
The Three Pillars of Eligibility
02
Settlement
Alimony, custody, property and pending cases should be clear.
03
Documents
Identity, marriage proof, address and court documents must be ready.
When Are You Eligible vs. Not Eligible?
Understanding the strict legal requirements for a mutual consent divorce under Section 13B of the Hindu Marriage Act.
You Are Eligible If...
- ✓ You have been married for at least one year.
- ✓ You and your spouse have been living separately for 1 year or more.
- ✓ Both spouses mutually agree to end the marriage without coercion.
- ✓ All terms regarding alimony, property, and child custody are fully settled.
- ✓ There are no pending contested cases, or both agree to withdraw them.
✕You Are NOT Eligible If...
- ✕ Your marriage is less than one year old (unless exceptional hardship applies).
- ✕ One spouse is refusing to consent or changing their mind.
- ✕ Financial, property, or child custody matters are still disputed.
- ✕ You are living together as a normal married couple within the last year.
- ✕ Active contested litigation is ongoing between the spouses without intent to withdraw.
Clear Answers
Eligibility FAQs
What happens if my spouse doesn't agree to the mutual divorce?+
If your spouse refuses to give consent, you cannot file for a mutual consent divorce. Your options are to either attempt mediation to reach an agreement, or file a contested divorce based on specific grounds like cruelty or desertion.
Can we file for mutual divorce before 1 year of marriage?+
Generally, no. As per Section 14 of the Hindu Marriage Act, 1 year of separation/marriage is mandatory before you can file for a mutual consent divorce. In highly exceptional cases of extreme hardship, a special application can be made to waive this period.
What if child custody is not decided yet?+
The court will not grant a mutual divorce until both spouses sign a joint settlement agreement detailing the exact child custody, visitation rights, and child support terms. All terms must be finalized before filing.
Do we have to be living in separate houses?+
You don't necessarily have to live in separate houses, but you must be living separately as a married couple. Living under the same roof but not fulfilling marital obligations can satisfy the 1-year separation requirement, provided both parties agree.