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Am I Eligible for Mutual Divorce in India?

Explore a demonstration of the mutual divorce questionnaire. The result is a sample interface and does not assess your legal eligibility.

How It Works
1
Enter your details Name, mobile, email and city — required to proceed with your eligibility check.
2
Answer 5 quick questions About your marriage, mutual agreement, and key terms.
3
This demonstration shows sample outcomes. No legal eligibility is assessed and no personal details are submitted.
Check Your Eligibility

Use sample details to try this demonstration. Only your name and location are required contact details; phone and email are optional. Answer the five questions to view a sample outcome. Nothing is submitted to our team.

Your Details
*Please enter your city
    Eligibility Questions
    1. Has your marriage been registered or solemnised for at least one year?
    2. Do both you and your spouse agree to the divorce?
    3. Are both of you willing to settle financial matters — alimony, property, and assets — amicably?
    4. Do you have children from this marriage?
    5. Is there an active contested divorce petition already filed in court by either spouse?

    FAQs about the Eligibility Checker

    A free online tool assessing whether you meet the basic legal requirements for mutual consent divorce in India. Answer 5 questions and receive an instant result based on the applicable personal law, such as the Hindu Marriage Act, Indian Divorce Act, or Special Marriage Act.

    Under Section 13B of the Hindu Marriage Act, four conditions apply: the marriage must be at least one year old, both spouses must voluntarily consent to the divorce, both must be willing to settle financial matters, and custody must be agreed if children are involved. There is also normally a statutory waiting period before the final decree, though this can be waived by the court in certain circumstances.

    Yes. The Supreme Court, in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, held that the cooling-off period can be waived where the couple has not been living as husband and wife for over one year and reconciliation efforts have failed. Read our detailed guide on the cooling-off period waiver to understand if you qualify.

    Yes, in many cases. Courts recognise couples who live under the same roof but are no longer living as husband and wife, a principle affirmed in Sureshta Devi v. Om Prakash (AIR 1992 SC 1904). Living separately does not always mean separate addresses. Speak to our team to understand how this applies to your specific situation.

    If you have no children, this has no bearing on your eligibility for mutual consent divorce. If you do have children and custody is still disputed, both parents need to reach agreement on custody, visitation, and maintenance before the petition can be filed. This is something you and your spouse work out together, or with independent counsel, before our team documents the final arrangement.

    If your spouse does not agree, mutual consent divorce cannot proceed. The most effective first step is often to send a formal divorce legal notice, a lawyer-drafted communication that formally states your intent and often prompts engagement without immediate court proceedings. Read more about how a legal notice works.

    No. Section 13B of the Hindu Marriage Act does not apply to Muslim couples. Muslim couples seeking an amicable, mutual separation instead go through Mubarat Nama, a distinct process we handle separately from this checker. Learn more about Muslim mutual divorce or reach out to our team directly for guidance suited to your situation.

    This checker covers eligibility under Indian mutual consent divorce law generally, so NRI couples can use it as a starting point. However, NRI divorce involves additional considerations such as jurisdiction and attestation, and is handled as a separate process on our dedicated platform. Visit our NRI Divorce section for country-specific guidance and next steps.

    Cost depends on the nature of your case and whether it involves NRI-specific processes. See our detailed fee breakdown for a clear, upfront understanding before you begin.

    Timelines vary by court and city, and depend on whether the cooling-off period is waived. Many couples complete the process within a few months once both parties are in agreement and documentation is in order. See our step-by-step process guide for a realistic breakdown of each stage.

    Not always. Depending on the court and circumstances, personal appearance requirements can sometimes be relaxed. Read more about mutual divorce without repeated court appearances to understand what applies in your case.

    That puts you in a strong position. Our legal team will review your agreement, document it accurately, and structure it exactly as your local family court requires, then guide you through filing. See our settlement guide, our page on alimony in mutual divorce, or start your application directly.

    If eligible, you are guided to start the mutual divorce process. If not yet eligible, the result explains the specific reason and suggests the right next step, whether that is a legal notice, a waiting period, or a free consultation with our team.

    This demonstration shows sample outcomes. No legal eligibility is assessed and no personal details are submitted.

    Yes. Completely free, with no registration, no payment, and no obligation. Your result appears instantly.

    Yes. Either spouse can withdraw consent at any time before the Second Motion. If both decide to reconcile, the petition is withdrawn. The process only becomes irreversible when the court grants the final decree.

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