How to Get a Divorce in India: A Legal Guide

Understand Type of Divorce

The first step is determining whether your divorce can proceed by mutual consent or whether you need to pursue a contested divorce.

1. Mutual Consent Divorce

A mutual consent divorce is generally appropriate when both spouses agree that the marriage should end and are able to reach an understanding on important matters arising from the marriage.

These matters may include:

  • Maintenance or financial settlement
  • Child custody
  • Child support
  • Visitation arrangements
  • Property-related issues
  • Jewellery or personal belongings
  • Other matrimonial claims

The terms of the settlement should be clearly understood and properly documented before the divorce proceedings are completed.

2. Contested Divorce

A contested divorce may be necessary when one spouse does not agree to the divorce or when the parties cannot resolve important matrimonial issues.

Understand the Grounds for Divorce

Cruelty

Cruelty may involve conduct that legally amounts to physical or mental cruelty within the meaning of the applicable matrimonial law. The facts and evidence must be assessed individually.

Desertion

Desertion generally concerns abandonment of the marital relationship under circumstances recognized by the applicable law. The required conditions and period can vary depending on the governing statute.

Adultery

Adultery may constitute a ground for divorce where recognized by the applicable matrimonial law. Evidence and the circumstances surrounding the allegation can be important.

Other Statutory Grounds

Certain matrimonial laws provide additional grounds depending on the circumstances of the spouses and marriage.

STEP-BY-STEP PROCESS

Consult a
Lawyer

Discuss your
situation and
understand your
legal options.

Prepare & File
Petition

Petition drafted and filed in the appropriate family court.

Notice to Respondent

Court sends notice to the other spouse to respond to the petition.

Counselling/
Mediation

The court may refer the case for counselling or mediation.

Hearing &
Evidence

Both parties present
their evidence and arguments before the court.

Decree of
Divorce

Court passes the
divorce decree,
legally ending
the marriage.