Top 1 Way to Apply for Divorce in India

Top 1 Way to Apply for Divorce in India – Legal Guide 2025

Divorce, while emotionally challenging, is a crucial legal process in India. If you're wondering how to apply for divorce in India or how to get a divorce in India efficiently and lawfully, this blog will give you complete clarity. From understanding legal grounds to filing divorce in India and knowing your rights, this guide will empower you with everything you need.

1. Understanding Divorce in India

India recognizes two major types of divorce:

Mutual Consent Divorce
Contested Divorce

Divorce is governed by personal laws, such as:

Hindu Marriage Act, 1955
Muslim Personal Law (Shariat) Application Act, 1937
Indian Divorce Act, 1869 (for Christians)
Parsi Marriage and Divorce Act, 1936
Special Marriage Act, 1954

2. How to Apply for Divorce in India: Step-by-Step

Step 1: Consult a Family Lawyer

Always consult a certified family law advocate to understand your case strength.

Step 2: Choose the Type of Divorce

Decide between:

Mutual Consent Divorce (Both agree)
Contested Divorce (One party disagrees)

Step 3: Prepare the Petition

A petition is drafted based on your marriage law. Include:

Details of marriage
Grounds for divorce
Attempts for reconciliation
Information about children, property, etc.

Step 4: Filing Divorce in Family Court

Submit the petition in a Family Court where:

Marriage took place
You last resided together
The spouse currently resides

Step 5: Serving Notice to Spouse

The court issues notice to the other party to appear.

Step 6: Court Proceedings Begin

Mutual Divorce: Appears in two motions.
Contested Divorce: Hearings, witness examination, cross-questioning.

Step 7: Court Decision and Decree

Once satisfied, the judge issues a decree of divorce.

3. How to Get a Divorce in India: Mutual Consent

Eligibility:

Separation for at least 1 year
Both parties agree

Time Required:

Minimum 6 months, extendable up to 18 months

Documents Required:

Marriage certificate
Address proofs
Photos
Income proofs
Proof of separation
Affidavit declaring mutual consent

4. How to File for Contested Divorce in India

Common Grounds:

Cruelty
Adultery
Desertion (2 years)
Conversion of religion
Mental disorder
Venereal disease
Renunciation
Presumed death (7 years missing)

Process:

File the petition → Summon → Defense & counterclaims → Trial → Judgment

Duration:

Anywhere from 2 to 5 years, depending on complexity.

5. Key Documents for Filing Divorce in India

Marriage certificate
Proof of residence
Proof of separation
Income tax returns
PAN and Aadhaar card
Birth certificates of children (if any)
Property documents
Evidence of cruelty/adultery (if contested)

6. Cost of Filing Divorce in India

Type	Legal Fees	Court Fees	Total Cost (approx)
Mutual Consent	₹15,000–₹50,000	₹100–₹500	₹20,000–₹60,000
Contested	₹30,000–₹1.5 lakh+	₹500+	₹40,000–₹2 lakhs+

7. Divorce Filing from Abroad (NRIs)

NRIs can file for divorce:

In India under Indian law
In foreign courts if jurisdiction and Indian law permits

Divorce must be recognized by Indian courts.

8. Can Divorce Be Filed Before 1 Year of Marriage?

Generally, no. But in cases of:

Extreme cruelty
Mental disorder
Fraud or cheating

The court may waive the 1-year limit.

9. Child Custody and Divorce in India

Custody is awarded based on:

Child’s welfare
Parent’s capability
Child’s preference (if mature)

Types of Custody:

Physical
Joint
Legal
Third-party guardianship (rare)

10. Common Mistakes While Filing Divorce

Not hiring a good lawyer
Hiding income or assets
Filing in the wrong court
Lack of evidence for contested divorce
Incomplete documentation

25 Most Asked FAQs About Filing Divorce in India

How to apply for divorce in India legally?
By filing a divorce petition in the family court with proper documentation.
How to get a divorce in India with mutual consent?
By both spouses agreeing to separate and filing jointly after 1-year separation.
Can I file for divorce without a lawyer?
Yes, but not recommended. Legal advice is crucial.
How much time does it take for divorce in India?
Mutual: 6–18 months. Contested: 2–5 years.
Can I file for divorce from abroad?
Yes, through Indian embassy or power of attorney.
How much does it cost to file for divorce in India?
₹20,000 to ₹2 lakhs, depending on complexity and lawyer.
Is divorce allowed within one year of marriage?
Only with special court permission under hardship clauses.
Do I need a separation deed for divorce?
It's not mandatory but helpful for mutual divorces.
Can one-sided divorce happen in India?
Yes, under contested divorce grounds.
What if one party refuses to sign divorce?
Contested divorce is the option.
Is online divorce filing possible in India?
Some states allow e-filing, but presence may be needed.
What is the difference between annulment and divorce?
Annulment voids marriage; divorce ends it legally.
Can live-in partners file for separation?
They can seek relief under domestic violence laws.
What happens after decree of divorce?
Marriage legally ends; parties can remarry.
Is alimony compulsory?
No, it’s based on income, duration of marriage, and need.
Can I remarry without divorce?
No, it's illegal.
Can I get divorce without going to court?
Not completely; physical presence is often required.
Who gets child custody in divorce?
Based on child’s welfare and parent’s ability.
Can court deny divorce?
Rarely, but possible in mutual consent if reconciliation is likely.
Can adultery be proved with photos?
Yes, if credible and supported by other evidence.
How can women protect their rights in divorce?
Through legal help, seeking alimony, custody, and residence rights.
Can parents file for divorce on behalf of children?
Only if the child is a minor and married unlawfully.
Is verbal divorce valid in India?
No, unless allowed under personal law (e.g., Muslim law).
Can I withdraw divorce petition later?
Yes, if not decreed.
Where to file divorce if spouses live in different cities?
In any city where either resides, or where marriage was solemnized.