Yes, the Supreme Court has held that courts can waive the six-month cooling-off period in exceptional circumstances. This includes cases where couples have already been living separately for several years, are mature and certain about their decision, have no chance of reconciliation, or face genuine hardship due to the waiting period. However, waiver is at the court’s discretion and requires strong reasons. Our lawyers can request waiver if your situation qualifies, potentially reducing the total timeline to 3-6 months.

If either spouse withdraws consent before the final decree, the mutual divorce petition fails and the case gets dismissed. The spouse wanting divorce must then file a contested divorce petition on specific grounds like cruelty or adultery, which takes much longer. This is why the cooling-off period exists—to ensure both parties are certain. Once the final decree is passed, neither party can change their mind as the divorce becomes legally final.

Both spouses must personally appear in court for key hearings—first motion, second motion, and final hearing. Personal appearance is mandatory as the court must verify mutual consent is genuine and not under coercion. However, for routine procedural hearings, our lawyers can represent you. Typically, you’ll need to visit court 3-4 times during the entire process, which is minimal compared to contested divorces requiring numerous appearances.

In mutual divorce, alimony is decided by negotiation between the spouses, not imposed by the court. The amount, payment method (lump sum or monthly), and duration are mutually agreed and mentioned in the settlement agreement. Factors considered include: husband’s income and financial capacity, wife’s income and employment status, lifestyle during marriage, children’s needs, and duration of marriage. Our lawyers help negotiate fair alimony that both parties accept, which the court then approves as part of the divorce decree.

Absolutely. Having children is not a requirement for mutual divorce. In fact, mutual divorce is simpler when there are no children since there are no custody or visitation issues to resolve. Childless couples only need to agree on alimony (if applicable) and property division. The process and timeline remain the same—both must consent, live separately for a year, and follow the two-motion process with cooling-off period.

Yes, mutual divorce is available across all religions, though the specific laws differ. Hindus, Buddhists, Sikhs, and Jains use Section 13B of Hindu Marriage Act. Christians use Section 10A of Indian Divorce Act. Muslims can opt for Khula (by wife) or mutual Talaq, though they may also use Special Marriage Act if married under it. Inter-faith marriages use Special Marriage Act. Our lawyers are experienced in all personal laws and handle mutual divorce for couples of any religious background, ensuring proper legal compliance.