What is the process for filing a divorce by mutual consent in India?

Under Section 13B of the Hindu Marriage Act, 1955, a mutual consent divorce requires both parties to have been living separately for at least one year. The process involves filing a joint petition in the Family Court, followed by a cooling-off period of 6 months (though this can be waived by the Supreme Court in exceptional cases). Required documents include marriage certificate, proof of separation, income proofs, and a settlement agreement covering alimony and custody.

To add to the above, the total time for a mutual consent divorce is typically 6-12 months. The key advantage is that it is far less stressful and costly compared to a contested divorce. I recommend drafting a comprehensive settlement agreement.