File for Agreement Divorce

Get a free joint divorce for both Indian and NRI couples through an accomplished lawyer in your area.

The fastest and quickest way to end your marriage is through a divorce from one another. In a joint divorce parties agree to split the marriage and end it jointly. There are two issues the parties are expected to reach agreement on to sue for divorce by joint consent, i.e., alimony and child custody. A joint divorce saves much time and money compared with a contestation


All parties are expected to file joint declarations. This declaration has the consent to divide properties, child custody etc.


After six months from the first motion or by the end of the mediation period, if all parties still do not decide to come together, then the parties may appear for the final hearing's second motion. The Supreme Court categorically confirmed in a recent decision that the six-month span is not mandatory and can be suspended depending on the court's discretion.


In the final stage the court must issue the divorce order after hearing both parties.

Until filing for joint divorce, the Parties will decide on the following


The parties must decide who will have child custody. Parties can choose either joint custody, or sole custody. In the case of shared custody, both parents have the child's legal custody but only one of them has physical custody, while only one parent has the child's exclusive and physical custody in the case of single custody.


The second most important aspect in joint divorce is making an agreement on the duration of the alimony. Alimony is the one spouse's contribution to another as maintenance. Until filing the petition for divorce the parties must agree on this.


Whatever is earned as streedhan should be returned according to what the parties mutually agree.


The pair will therefore determine if they would like to divide their spending on lawsuits.

Where to lodge a divorce case with one another?

In compliance with Section 19 of the Hindu Marriage Act, 1955 you file a petition for divorce before a district civil court-

  1. Where the pair last lived together
  2. seeking divorce. When the union happens
  3. Where the wife is residing at present
  4. Where the respondent(opposite party) lives at the time the claim is filed.
Here, the district court means the family tribunals formed under the 1984 Family Court Act.
Mutual divorce papers needed
What's Included

Which Contains ?

  • Advise and consult counsel over a 30-minute conference call
  • Consultation and guidance at the office of advocates.
  • Drafting of Applications for Approval Divorce.
  • 1st Motion to lodge a motion for Mutual Consent Divorce.
  • 2nd Motion for filing a motion seeking mutual consent seeking divorce.
  • Obtaining Divorce Decree from the court.
File for a mutual consent Divorce in your city through an experienced lawyer at an all inclusive fixed fee. Contact us to know the fee in your city.

You may like to know ?

1. Could a party withdraw divorce petition?

During the six-or time span between the first motion and the second motion, each party will withdraw by sending an application to the court indicating that they do not wish to seek divorce by mutual consent. In such a case the other side has only one right to apply for the disputed divorce.Contested divorce can be sued on any of the following grounds, such as abuse, desertion, unwanted sexual relations with another male, unsound mind, religious conversion by another partner, leprosy, venereal disease, a partner who has renounced the earth or who is absent for more than seven months.

2. Can one party remarry another person without divorce?

To remarry is a pre-condition for having divorce. If you remarry without divorce then this is a criminal crime with seven years in prison.

3. Is the presence of parties needed to get a divorce decree?

In most cases, parties during the first and second motions are expected to be present before the trial. Camera hearings can only be permitted in exceptional cases where the courts are satisfied that the presence of the party in question can not be accomplished by any means necessary and it is solely the court's discretion to allow it.

4. Is the statutory six-month cooling off time mandatory?

No, the six month statutory cooling off period is not mandatory. If the court finds fit then this cooling period can be waived. It means that if the couple have agreed to end their marriage together, they will ask the court to speed up the process and not wait another six months.

5. What is the compensation issue dealt with in the case of a joint divorce?

In cases of joint divorce, the divorcing husband and the wife are expected to decide on the amount of the alimony or maintenance that will be granted to the husband, as the case may be, either by the husband or wife.

6. What is child custody determined when it comes to divorce?

The parties are expected to resolve the child custody issue when seeking divorce by mutual consent. The spouse can opt to have shared custody. Under that agreement, one of the parents has the children's physical custody and both have the child's legal custody.

7. What long does it take to get a divorce decree?

From the filing date to the divorce, the whole process will take between six months to one year.

8. What if not one party wants to divorce?

Around the same time, there have been several situations that occur where not all partners agree on the desirability, the grounds or the divorce terms, which in turn causes problems for the partner who is ready to initiate and file the petition.

9. Divorce with mutual consent in case of court marriage

They agree with each other that the marriage should be broken, since they can not live together. 
Within six months of filing the petition but not later than 18 months, the court may pass a divorce decree declaring that the marriage is dissolved from the date of the decree within hearing all the parties and making an enquiry as it deems fit.

10. Mutual agreement of Christian couple to divorce

The Divorce Act, 1869 regulates divorce of a Christian couple. The parties will bring the complaint jointly to the district court here. They have to mention in their petition that they stayed away for a period of two years or more. We need to prove that they can not work together and want the marriage to end mutually.If the court is satisfied after hearing all the parties after the expiry of six months and before 18 months, then it can pass the divorce decree.

11. What happens if the consent to a joint divorce is obtained by fraud or force?

Pursuant to the Hindu Marriage Act, Section-23(1)bb) the court must be satisfied that the consent for divorce under Section-13-B is not obtained by force, fraud or undue influence. It is the duty of the court to ascertain whether consent is obtained freely or under coercion.The possibility of appeal is available against the decree, as there may be situations where the court has not been able to find that the consent has not been given freely.

12. Are the laws of divorce different for different religions?

In India, marriage and divorce are governed by personal law. Hindus, including Sikhs, Jains and Buddhists, are governed by the Hindu Marriage Act, 1955. Christians are governed by the Indian Divorce Act of 1869. The Muslims are governed by the Dissolution of the Marriage Act, 1939. Parsis is governed by the Parsi Marriage and Divorce Act, 1936.

13. How can NRIs divorce each other?

In the event of a divorce of a couple of NRIs, they may file a divorce petition in a foreign country under the laws in which the party currently resides. It is imperative that the decree of foreign courts does not exclude Section 13 of the Code of Civil Procedure, 1908.In fact, if a divorce petition is filed in India, where one of the parties stays abroad, the court may allow a camera proceeding.

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