Divorce Without Court

Can I Get Divorce Without Going To Court In India?

Divorce Without Court

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In India, divorce can be obtained through mutual consent under Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 without court involvement. Couples must agree on a joint petition for divorce and have been living apart for at least one year while specifying child custody arrangements and terms for alimony. The six month time after filing is necessary in order to allow reconciliation. When this period ends and both parties consent to a divorce, it will be concluded by court decree. Routinely essential are documents such as an address proof, marriage certificate, income details, evidence of separation, pictures as well as any relevant information concerning the children and property (assets). It’s important to consult with a family lawyer before you file the case so that you get guidance concerning possible outcomes, procedural requirements as well as legal options which should inform your decision throughout the divorce process.

Can Someone get Divorce without going to Court in India?

One may divorce in India without going to court by mutual consent, as provided under Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. A couple must agree mutually for a divorce and have lived apart for at least one year. They should file a joint petition at family court, indicating their concurrence with such details as alimony and child custody. There is an obligatory six-month period after filing when the parties are encouraged to work things out. If both parties still agree at the end of this period, then a final decree for dissolution is granted by the court. This procedure provides an uncomplicated means to terminate marriage once agreement exists between both sides.

What documents do I need for Divorce?

documents required for divorce

In India where you file for divorce can determine whether specific documents will be needed or not depending on what kind of divorce is being sought (mutual consent versus contested). Nonetheless, generally following are some of the most frequently required documents:

  1. Address Proof: Aadhar card, Passport, Voter ID, or utility bills.
  2. Marriage Certificate: Original or certified copy.
  3. Evidence of Separate Living: Affidavit stating that the parties have been living separately for the required period (if applicable).
  4. Income Proof: Salary slips, income tax returns etc. (especially for determining alimony).
  5. Photographs: Both husband and wife’s passport size photographs.
  6. Evidence relating to Children: Birth certified of Children.
  7. Details of Liabilities and Assets: Documentation of jointly owned assets, properties etc.
  8. Any Other Specific Documents: Any other documents as required by the Court as per the case.

Also Read – Understanding the important Divorce Rules.

What is the Process of Divorce?

In India, the process of divorce often starts with the couple consulting a family law specialist about legal options and grounds such as cruelty or adultery. Then, a divorce petition is drafted in relation to specific details of their marriage and then filed in the right family court where one of the partners resides. 

The spouse that files becomes the petitioner while the other party receives it as a respondent and they will be given an opportunity to respond to the allegations against them. Each side presents evidence by way of witness statements and financial disclosures, then mediated if necessary for reconciliation thereafter. In cases where reconciliation fails, there are arguments and evidence presentation hearings which are scheduled by the court. 

Thereafter, on merit alone, a judgment is delivered by court leading to grant of divorce decree once established that grounds exist. These may be followed by appeals whereby finally legal execution deals with matters relating to asset division or child custody among others. Throughout this process, strict compliance with court processes cannot be overemphasized because accurate documentation is very important hence the need for legal representation.

Should I consider Divorce Consultation before filing?

consider divorce consultation before filing

Yes, before filing one should consider taking Divorce Consultation, who can guide you through your situation about available choices under law, possible results, procedural requirements etc. Thus, enabling informed choices and understanding what it means to pursue separation from your spouse.

Where can I get Expert Divorce Consultation in India?

For professional legal advice for Indian divorce contact eDrafter where they boast of having experienced family law attorneys. With their online consultations it is possible to access legal opinions right from your home. If you need help on this matter from professionals who are experienced in family law consultancy visit eDrafter’s website today in order to get connected with renowned lawyers who will take you through the entire process of divorcing professionally and skillfully like no other lawyers can do.


In navigating divorce proceedings in India, understanding the nuances of mutual consent and contested divorces under the relevant legal provisions is crucial. The process allows for a streamlined approach through mutual agreement, minimizing courtroom disputes where possible. Essential documentation and consultations with knowledgeable family law specialists ensure that legal requirements are met, facilitating a smoother transition for both parties. Whether opting for mutual consent or contested divorce, seeking expert guidance from platforms like eDrafter ensures informed decisions and comprehensive legal support tailored to individual circumstances. Taking proactive steps with professional consultation can pave the way for a more manageable and legally sound resolution to marital disputes in India.

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Vanshi Singhal – Legal Intern & Content Writer

Vanshi Singhal is a dedicated legal intern with a passion for providing insightful and thorough legal research and support. In addition to her legal expertise, She is an accomplished content writer, skilled in crafting engaging and informative articles, blog posts, and other written content. She combined experience in law and writing allows her to communicate complex legal concepts clearly and effectively, making valuable contributions to both legal projects and content development.