The first step is to consult a qualified divorce lawyer. They will help you understand your legal options, decide on the grounds for divorce (if contested), and guide you in gathering the necessary documents before drafting and filing the petition in the appropriate family court.

A mutual consent divorce is when both spouses agree to separate amicably and file a joint petition. A contested divorce is when one spouse files for divorce on specific grounds (like cruelty, adultery, desertion), and the other spouse opposes it.

The primary documents include the marriage certificate, address proof of both spouses, passport-size photographs, and income tax statements for the last three years. You will also need an affidavit stating you have been living separately for over a year and have reached an agreement on alimony and child custody.

A mutual consent divorce typically takes 6 to 18 months. After filing the first motion, the court gives a mandatory ‘cooling-off’ period of six months before the second motion can be filed. The decree is usually passed after the second motion hearing.

Under the Hindu Marriage Act, the couple must prove they have been living separately for a period of one year or more immediately preceding the presentation of the petition.

The cooling-off period is a mandatory six-month interval between the first and second motions in a mutual consent divorce. It is intended to give the couple time to reconsider their decision. However, the Supreme Court has ruled that this period can be waived in certain exceptional circumstances.

You will need income tax returns for the last 3 years, bank account statements for 6-12 months, salary slips, details of investments (stocks, mutual funds), property ownership documents, and details of any loans or liabilities.

The paramount consideration for the court is the ‘welfare of the child.’ The court considers factors like the parents’ financial stability, lifestyle, and the child’s age and preference (if old enough) to decide on physical custody (where the child lives) and legal custody (decision-making rights).

A parenting plan is a detailed agreement outlining how parents will raise their children after the divorce, covering aspects like visitation schedules, holidays, and educational decisions. While not mandatory everywhere, it is highly recommended and is increasingly being adopted by family courts to minimize future conflicts.

Alimony, or maintenance, is financial support paid by one spouse to the other after a divorce. There is no fixed formula for its calculation. The court considers the paying spouse’s income and assets, the receiving spouse’s needs, the standard of living during the marriage, and the duration of the marriage.

Yes. Alimony (or spousal maintenance) is for the support of the spouse. Child support is a separate financial obligation paid by the non-custodial parent to the custodial parent specifically for the child’s upbringing, covering expenses like education, healthcare, and daily needs.

Key documents include Income Tax Returns, salary slips, bank statements, audited company balance sheets (if you own a business), property deeds, vehicle registration certificates, and statements for any investments like stocks or mutual funds.

Yes, the original marriage certificate is a primary document required by the court. If you have lost it, you should apply for a certified copy from the same office where the marriage was originally registered.

Evidence can include police complaints (FIRs), medical reports in case of physical abuse, witness testimony from family or friends, photographs, videos, or electronic communication like emails and text messages that demonstrate cruel behavior.

The divorce petition can be filed in the family court of the city where the couple last resided together, where the marriage was solemnized, or where the respondent (the spouse against whom the case is filed) currently resides.