Divorce often feels emotionally heavy, yet the right legal process makes the journey smoother. Moreover, Jaipur courts follow a simple and transparent procedure for mutual divorce, which helps couples separate peacefully. If you want to understand how mutual divorce works, how many types of divorce exist in India, and what documents you need—including NRI mutual divorce documents—, this guide explains everything clearly. Mutual Divorce Lawyer in Jaipur.

Types of Divorce in India

When couples consider separation, they usually choose between two major types of divorce under Indian family laws. Therefore, understanding both helps you choose the correct path.

1. Mutual Consent Divorce

Mutual divorce happens when both husband and wife agree to end the marriage. They also settle key issues like: Mutual Divorce Lawyer in Jaipur.

Alimony or maintenance

Child custody

Child visitation

Property distribution

Stridhan and personal belongings

Because the process requires cooperation, courts complete mutual divorce faster than any other divorce.

2. Contested Divorce

Contested divorce begins when one spouse wants divorce but the other disagrees. Consequently, one spouse files the petition and proves grounds such as, these may be some grounds:

Cruelty

Desertion

Adultery

Mental disorder

Conversion of religion

Venereal disease

Renunciation

Presumption of death

Contested divorce takes longer because courts examine evidence and arguments from both sides.

Mutual Divorce Procedure in Jaipur

Family courts in Jaipur follow a clear legal process under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954. Below is the step-by-step procedure:

1. Counselling and Settlement Discussion

Both partners should discuss all matters and reach complete settlement. These include:

Child custody

Maintenance

Alimony

Property division

Once you finalize terms, you can file your petition.

2. Preparation of Joint Petition

Your advocate drafts a joint mutual divorce petition stating marriage details, separation duration, settlement terms, and consent of both partners.

3. First Motion Filing in Jaipur Family Court

After filing, both parties appear before the judge. The court records statements and accepts the petition.

4. Cooling-Off Period

Normally, the court allows six months to reconsider the marriage. However, courts may waive this period if both partners genuinely live separately and show that reconciliation is impossible.

5. Second Motion and Final Hearing

Once the cooling-off period finishes or gets waived, both parties again appear before the judge and confirm consent.

6. Decree of Divorce

After hearing both sides, the court grants the final mutual divorce decree, legally ending the marriage.

Requirements for Mutual Divorce in Jaipur

To file for mutual divorce, couples must fulfil the following conditions:

Minimum one year of marriage

Living separately for at least one year

Mutual consent to end the marriage

Settlement of all financial and child-related matters

Documents Required for Mutual Divorce

You should keep the following documents ready:

Marriage certificate/ Marriage Invitation Card

Aadhar cards or ID proofs of both spouses

Current address proofs

Passport-size photos

Proof of separation (optional but helpful)

Details of settlement terms

Documents Required for NRI Mutual Divorce

NRIs need additional documents because their residence or marriage may fall under different jurisdictions. Therefore, keep these documents ready:

Passport copies of both spouses

Overseas residence proof

Marriage certificate

Indian address proof (if Applicable)

Notarized special power of attorney (if one spouse cannot travel to India)

Affidavit confirming separation

Settlement agreement

When NRIs cannot attend court physically, the court usually allows them to join through video conferencing or authorize a close relative through Power of Attorney.

Why Need the Best Advocate for Mutual Divorce and NRI Divorce

Although mutual divorce looks simple, professional guidance ensures a smooth and trouble-free process. A skilled advocate helps you:

Draft a flawless joint petition

Reduce delays and objections

Ensure proper settlement terms

Waive the cooling-off period when possible

Complete documentation for NRIs

Avoid technical errors that may reject your petition

Represent you effectively in Jaipur Family Court

For NRIs, legal assistance becomes even more important because the process may involves foreign laws, notarization, apostille, and Power of Attorney procedures.

FAQs

1. How long does mutual divorce take in Jaipur?

Mutual divorce usually takes 6–8 months. However, the court may reduce the cooling period and complete the process in 30–60 days.

2. Can NRIs get mutual divorce in Jaipur without travelling to India?

Yes. One spouse may give power of attorney, and the court may allow virtual participation.

3. What is the difference between mutual divorce and contested divorce?

Mutual divorce requires agreement from both spouses, while contested divorce involves legal grounds and more evidence.

4. Can couples get a mutual divorce before completing one year of marriage?

Generally no, but the High Court and Supreme Court may allow it in exceptional hardship cases.

5. Do both spouses need the same lawyer?

No. Each spouse may hire separate advocates, although many couples choose one neutral lawyer for mutual divorce.

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Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.