Filing for divorce in India depends mainly on how you want to divorce (mutual consent or contested) and under which law your marriage falls. Here’s a clear, step-by-step explanation.

1. Identify the Applicable Marriage Law

– Hindu, Sikh, Jain, Buddhist → Hindu Marriage Act, 1955

– Muslim → Muslim Personal Law

– Christian → Indian Divorce Act, 1869

– Inter-religion / court marriage → Special Marriage Act, 1954

2. Types of Divorce in India

A. Mutual Consent Divorce

– Living separately for at least 1 year

– Mutual agreement on alimony, child custody, and property

– Timeframe: 6 months – 1 year (cooling-off period may be waived)

B. Contested Divorce

Common grounds:

– Cruelty

– Adultery

– Desertion

– Conversion of religion

– Mental illness

– Domestic violence

Timeframe: 2–5 years or more

3. Step-by-Step Process

– Hire a divorce lawyer

– File petition in Family Court

– Court notice to spouse

– Counselling / mediation

– Evidence & hearings (if contested)

– Final judgment

4. Documents Required

– Marriage certificate

– Address & ID proof

– Wedding photos

– Income proof

– Children details

– Proof supporting grounds

5. Costs

– Court fees

– Lawyer fees:-

  (i) Mutual divorce: ₹15,000 – ₹50,000+

  (ii) Contested divorce: ₹50,000 – ₹3,00,000+

6. Important Rights

– Maintenance / alimony

– Child custody

– Right to residence

– Stridhan recovery