Divorce in India: the 15 questions everyone asks first

Decide with a lawyer which route fits your facts: mutual consent (both agree) or contested (one spouse files on a legal ground such as cruelty or desertion). Then collect your documents and file the petition in the right court.

Mutual consent is faster and cheaper when both spouses agree on divorce, custody, maintenance and property. Contested is needed when the other spouse will not agree, and it takes longer.

A fully agreed mutual consent divorce can finish in a few months. A contested case often takes one to three years, depending on the court and how hard each side fights.

For mutual consent under the Hindu Marriage Act, the spouses must have lived separately for at least a year before filing. A contested case needs a legal ground rather than a separation period, and a petition within the first year of marriage needs the court’s permission.

No parent has an automatic right. Courts decide on the child’s welfare: age, stability, schooling and attachment. Interim custody and visitation can be sought early.

There is no fixed formula. Courts look at both spouses’ income, assets, standard of living and needs, and each side files an affidavit of assets. Interim maintenance can be asked for while the case runs.

Property generally stays with the person whose name is on the title, though maintenance claims and contribution arguments can still be made. Streedhan remains the wife’s own property. A written settlement should deal with every asset and loan.

Marriage certificate, identity and address proof, income proof for two to three years, property and bank records, children’s school records and a dated timeline. See the documents checklist page.

Yes, through a contested petition on a legal ground such as cruelty, desertion or adultery, which you must prove with evidence.

Usually yes. An attested Special Power of Attorney and video hearings let most steps run from abroad. See the NRI pages for your country.

Stay calm, do not contact the complainant or witnesses, keep your records and speak to a lawyer at once. Under the Arnesh Kumar guidelines the police should not arrest mechanically, and anticipatory bail is often available.

Not automatically. An Indian court examines a foreign decree, and a decree that did not follow the law the couple married under, or that was obtained without the other spouse’s real participation, can be challenged.

Courts must try to reconcile couples and often refer them to mediation. You are encouraged to settle but cannot be forced to.

Usually only after the time to appeal against the decree has ended, commonly 90 days. Check your decree date with your lawyer before remarrying.

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