Understand the first motion, second motion, six-month cooling-off period and waiver possibilities.
Advocate Vivek Malhotra - Mutual Consent Divorce Lawyer in Chandigarh
Mutual Divorce Timeline
In a straightforward mutual consent divorce, the process generally begins with a joint petition and first motion statement. After that, the law provides for a second motion not earlier than six months and not later than eighteen months from the first petition, unless the cooling-off period is waived by the court in a suitable case.
In practical terms, many cases take around six months. A case can take longer if settlement terms are incomplete, documents are missing, one party changes their mind, connected criminal or maintenance proceedings are unresolved, or court dates are delayed.
FAQ
It may be possible if the court waives the cooling-off period in an appropriate case. Waiver depends on the facts, settlement status and court satisfaction.
No. Waiver is discretionary. The spouses must usually show that the marriage has broken down, settlement is complete and further waiting will not serve reconciliation.
Common reasons include incomplete settlement, missing documents, disagreement on alimony or custody, pending connected cases, absence of a party or crowded court schedules.
Mutual consent must continue until the final decree. If one spouse withdraws consent before the decree, the case can become contested or may not proceed as mutual divorce.
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