At Divorce Lawyer New Delhi, our goal is to help couples seeking mutual divorce in Delhi through a fast, smooth, and legally sound process. Advocate Suresh Gupta and his team handle the entire mutual consent divorce procedure from documentation to final decree with full confidentiality and care.
Eligibility for Mutual Divorce
To file for mutual divorce in Delhi, the following conditions must be met:
- Both husband and wife must agree to the divorce.
- They should have settled all related matters like:
- Alimony or maintenance
- Child custody or visitation
- Division of assets and liabilities
- The couple must have lived separately (not as husband and wife) for at least one year before filing.
Documents Required
To initiate a mutual divorce petition in Delhi Family Court, the following documents are generally required:
- ID and Address Proof of both parties (Aadhar, Passport, etc.)
- Proof of Marriage, such as:
- Marriage Certificate (if registered)
- Marriage Invitation Card
- Wedding Photographs
Note: At least one spouse should have an address proof within Delhi for jurisdictional purposes.
Step-by-Step Mutual Divorce Process in Delhi
Here’s how mutual consent divorce works under the guidance of Advocate Suresh Gupta
Step 1: Legal Consultation
We begin with a detailed consultation to understand your situation and confirm that both parties genuinely wish to proceed. This includes discussion around:
- Settlement terms
- Child custody (if any)
- Maintenance or alimony
- Court jurisdiction
Step 2: Finalize Divorce Terms & Gather Documents
Both parties must mutually agree on all terms. Once confirmed, we help you compile and verify all required documents to move forward with drafting the divorce petition.
Step 3: Drafting and Filing of First Motion
After reviewing the documents, we draft the Mutual Divorce Petition and file it in the appropriate Delhi Family Court (Dwarka, Saket, Patiala House, Rohini, Tis Hazari, or Karkardooma). Both spouses must be present to sign before the Oath Commissioner and attend the First Motion Hearing.
At this hearing:
- The judge records statements from both parties.
- The court grants a cooling-off period of 6 months (can be waived under certain conditions).
Step 4: Cooling-Off Period / Waiver Option
The 6-month waiting period is given to allow time for reconsideration. However, couples who are certain about their decision can apply for a waiver of the cooling-off period. If granted, the second motion can be filed earlier.
Step 5: Second Motion & Final Hearing
After the cooling-off period (or waiver), both parties appear again for the Second Motion. The judge records final statements and, if everything is in order, grants the Divorce Decree.
Step 6: Divorce Decree Issued
Within a few days after the second motion, the court issues certified divorce decrees for both husband and wife. We assist you in obtaining the decree from court and guiding you on post-divorce legal formalities if needed.
Timeline for Mutual Divorce in Delhi
- With waiver of cooling-off period: 1–2 months
- Without waiver: 6–7 months
Actual timelines depend on:
- Court schedule
- Judge availability
- Willingness of both parties to cooperate
Why Choose Divorce Lawyer New Delhi?
- Extensive experience in mutual divorce cases
- Guidance on every step from legal paperwork to courtroom proceedings
- Focused on maintaining dignity, privacy, and legal accuracy throughout
- Assistance with alimony, child custody, property division, and NRI mutual divorce matters
Courts We Practice In:
We represent clients in all six family courts of Delhi:
- Dwarka
- Saket
- Patiala House
- Rohini
- Tis Hazari
- Karkardooma