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Jun 26, 20233 min read

What Are The Stages Of Divorce?

There are two types of divorce recognized by Hindu law. In mutual divorce, which is under Section 13-B of the Hindu Marriage Act, both spouses express their consent for a peaceful divorce and agree to the terms of alimony and child custody in advance. The parties must have agreed to the divorce and been living apart for at least a year before filing for it.


Contested Divorce under Section 13 of the Hindu Marriage Act deals with situations when one party has committed desertion, cruelty, conversion to another religion, insanity, or a contagious disease.


Stages of divorce:

  1. Consultation: To discuss their position and grasp the legal issues of divorce, a couple would often consult a divorce lawyer or family law specialist early on in the process. The attorney will offer advice on relevant laws, divorce grounds, and alternative choices.

  2. Petitioning for Divorce: A divorce petition must be filed in the proper family court by the spouse who is seeking a divorce (the petitioner). The grounds for divorce, also referred to as the grounds for divorce, are listed in the petition. Depending on the personal laws that apply to the spouse, these grounds may include cruelty, adultery, desertion, conversion to a different faith, mental illness, etc.

  3. Service of Summons: Following the filing of the divorce petition, the respondent spouse (the other spouse) is served with a summons informing them of the divorce proceedings and the requirement to appear in court. In accordance with a deadline, the respondent must submit a written statement in response.

  4. Counseling and Mediation: In specific circumstances, the court may recommend counselling or mediation to investigate the potential of a reconciliation or to settle disagreements about property, child custody, alimony, etc. For the purpose of facilitating discussions and negotiations, the couple can be directed to a family court counselor or an outside mediator.

  5. Evidence and Trial: The court conducts the trial if mediation or counseling is unsuccessful or judged superfluous. Both sides make their cases by offering facts, witnesses, and arguments. The court considers the evidence, hears arguments from both sides, and renders judgment based on the relevant legal standards.

  6. Decree of Divorce: The court issues a decree of divorce if it determines that there are sufficient reasons for divorce and all prerequisite legal conditions have been satisfied. The divorce decree defines the terms and circumstances for child custody, alimony, property partition, etc., and legally terminates the marriage.

  7. Appeals: If one or both parties disagree with the court's ruling, they may decide to file an appeal of the divorce judgment. Presenting the matter to a higher court through the appeals process allows that court to assess the evidence and uphold or change the original ruling.

The couple must first agree to divorce before going through the conciliation process, which is part of the amicable divorce process in India. Before formally divorcing each other, the couple can attempt to resolve their differences through conciliation. Following a settlement, either party may apply for a legal divorce by presenting their case before a judge.

Mutual divorce in India is a process that calls for both parties to concur on the divorce. In India, both spouses must sign a written agreement authorizing the divorce before it can be started. If the couple has kids, they must also decide on visiting and custody rules. The couple must go through a legal process to finalize the divorce after obtaining approval.


Mutual divorce can be accomplished in India rather quickly and without too much controversy. Every aspect of the divorce, including who will get what property, how child custody and visitation will be handled, and any financial settlements, must be agreed upon by the two spouses. Following agreement on all of these specifics, a mediator or attorney can assist both parties in navigating the legal separation procedure.


It's vital to remember that the divorce procedure in India might take a while and can change based on the unique conditions and individual laws that apply to the spouse. The stages listed above give a broad perspective, although the actual process may vary depending on the circumstances. A knowledgeable divorce attorney should be consulted for precise advice and help.


If the petition is filed in Ghaziabad, then a Divorce Lawyer In Ghaziabad may be hired. Moreover, if the petition is filed in Delhi, then a Divorce Lawyer In Delhi may be hired.


To address the problem, Lead India provides a selection of data, legal services, and free legal advice online. To get the best guidance in this case, ask a legal question online and talk to a lawyer.


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Email: care@leadindia.law


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