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Choose the Best Divorce Attorney by making an appointment for a Legal Consultation and guidance with a Legal Expert in Rajendra Family Court Law Firm. A mutual consent divorce is one where both husband and wife agree to the divorce. It is a process that can be mentally and physically demanding, but is more complicated than the long-standing cases where there is no consent from the husband or wife. This is done because the court assumes that the spouses are willing to cooperate in matters related to the divorce. What remains is practical.

Divorce procedure in India is governed by different laws. If the couple is married under the Hindu Marriage Act, 1955, the provisions for divorce under this Act will apply. If the marriage is solemnized under the Special Marriage Act, 1954, it applies. All other divorces shall be in accordance with the Divorce Act, 1869.

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Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 require living separately for at least one year before starting divorce proceedings. However, Section 10A of the Divorce Act, 1869 requires the couple to be separated for at least two years. Note that living separately does not necessarily mean living in different places; Only the couple has to provide that they are not living as husband and wife during this period.