Divorces are of two types.
Contested, where one spouse disagrees to divorce or there is is dispute over alimony, custody of children and other issues.
Mutual consent divorce, where both spouses agree to separate.
The spouses mutually come to agreement regarding maintenance, custody of children and such issues.
LAW - mutual consent divorce
Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when
1
they have lived apart for at least a year.
2
The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances.
3
Both the sides must voluntarily agree to dissolve the marriage.
Filing of mutual divorce
The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.
Can the divorce be obtained within six months without delay of one year?
Yes, if all the mandatory requirements for the divorce are sufficed.
NOTE
If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.
Summary
1 One year
Divorce procedure in India extends for one year even when there is mutual consent.
2 Marriage Counselor
First six months you have the benefit of qualified marriage counselors in the Family Court. This is important to know because for a common person finding a qualified marriage counselor is difficult, if not impossible.
3 Divorce laws and religion
Divorce laws are different for different religions.
To know more about this click here.
For further information you may check
indidivorce
legal service india
ehow
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