FAQ

Frequently Asked Questions

1. What documents are required to file a Mutual Divorce case?

What documents are required to file a Mutual Divorce case?

You will need ID and address proof of both husband and wife, along with proof of marriage. Some courts may also ask for:

  • Birth certificates of children (if any)

  • A written settlement agreement (if already prepared by both parties)

2. What can be used as proof of marriage?

Acceptable proofs of marriage include:

  • Marriage Invitation Card

  • Marriage Photographs (showing husband and wife together)

  • Marriage Certificate issued by a recognized religious body or government authority

3. Is marriage registration compulsory for filing a Mutual Divorce?

No. Marriage registration is not compulsory. You can also file with valid alternative proofs such as a marriage invitation card or marriage photographs.

4. Can I file for Mutual Divorce without a Marriage Certificate?

Yes. If you don’t have a marriage certificate, you can still file using alternative proofs such as a Marriage Invitation Card or Marriage Photographs.

5. My marriage is registered, but I lost my Marriage Certificate. What should I do?

You can obtain a duplicate certificate from the same registration office where your marriage was registered.

6. How long does a mutual divorce take in India?

Generally, mutual divorce may take 6 months or more due to the statutory “cooling-off period”. However, if both parties have settled all issues and there is no chance of reconciliation, the court may waive this period, allowing the divorce to be completed in 2–3 months.

7. Do both husband and wife need to appear in court?

Yes. Normally, two appearances are required:

  • First motion (filing of the joint petition)

  • Second motion (final confirmation after the waiting/waiver period)

In some cases, if one spouse is abroad, appearance through a Power of Attorney may be allowed.

8. What issues must be settled before filing for mutual divorce?

Both spouses must agree on:

  • Custody and visitation of children (if any)

  • Alimony / Maintenance (monthly or lump-sum)

  • Division of property, assets, and finances

  • Any other mutually decided terms

9. Can a mutual divorce petition be withdrawn later?

Yes. Either spouse can withdraw consent at any stage before the final decree is passed. Consent must remain valid until the very end of the proceedings.

10. How can I be sure my documents are secure?

At Delhi Law Firm®, we take privacy very seriously. All your information and documents are kept confidential and secure, in accordance with legal and ethical standards.

Delhi Law Firm®

Making Mutual Divorce Simple, Confidential & Stress-Free Across All India.