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How to apply for a divorce?

There are 3 ways to apply for a divorce:
1) By way of mutual consent:
a) Both the parties should finalize their terms and conditions for the following:
i) Alimony or maintenance – Lumpsum or periodical
ii) Child custody
iii) Child guardianship
iv) Child support
v) Distribution of joint properties/ assets etc
vi) Exchange of articles or belongings.
vii) Etc.
2) Contested divorce: The opponent appears, matter referred to mediation, the opponent accepts the terms and conditions and signs the mediation agreement.
3) Contested divorce: The opponent appears, matter referred to mediation, the opponent does not accept the terms and conditions. In this case, you need to prove your case. Based on your evidence, the court will decide the matter.

What are the documents required for divorce?

General documents like
1) Wedding Card
2) Marriage registration Certificate
3) Wedding photographs
4) Address Proof of both the parties.
But if the case is contested one then we need to give all documentary or/and electronic evidence to prove our case.

What we should do if we want to start the process?

Write down your case facts/ synopsis/ sequence of events in advance so that we can file the case as expeditiously as possible.

Are electronic evidence like messages, chats, recordings valid piece of evidence?


What to be done if FIR is registered against us?

We need to apply for an anticipatory bail in sessions Court (though the high court also has the power to hear and decide anticipatory bails it’s advisable to approach sessions court first). If you have been arrested, then regular bail has to be applied before the trial court.

Can we apply for anticipatory bail before FIR?

In case you have a reasonable apprehension that any false FIR can be filed against you then registration of FIR is not a condition precedent for applying for anticipatory bail.

What has to be done after obtaining anticipatory bail?

All bails are conditional. We need to comply with the conditions set forth by the Hon’ble Court.

Is our presence necessary to file a divorce?


What is the procedure for mutual consent divorce?

We file the petition, the court will give one date after 6 months (popularly known as a cooling period). On that, if both the parties appear and consent for divorce, the matter will be referred to mediation. Once the parties succeed in agreeing in mediation. The matter will come back to court (mostly on the same day). After basic enquiry, the court will dissolve the marriage.

Do the parties file a joint petition for mutual consent divorce or they file against each other?

Both the parties file a joint petition and are arrayed as petitioner no. 1 & 2 Vs. Nil.

Can both the parties in mutual consent divorces hire a single lawyer?

Yes, they are free to do that.

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