If a marriage has reached a point where both partners agree that separation is the only peaceful path forward, mutual divorce becomes the most dignified, least stressful solution. In Kolkata, thousands of couples choose this route every year because it saves time, avoids courtroom battles, and keeps emotional damage to a minimum.
As a practicing family lawyer in Kolkata, Advocate Anulekha Maity often meets couples who are confused about the exact process-how many times they must visit the court, what documents they need, and whether the “6-month cooling period” still applies.
This guide breaks down the entire process clearly, so you know what to expect at every step.
What Exactly Is Mutual Divorce Under Indian Law?
Meaning in Simple Terms
Mutual divorce means both husband and wife jointly agree to end the marriage. It is filed under Section 13B of the Hindu Marriage Act, 1955, and unlike contested divorce, there is no blaming, no fighting, no allegations.
When Is Mutual Divorce Possible?
You can file for mutual consent divorce if:
You and your spouse have been living separately for at least one year
Both agree the marriage has broken down
There is complete agreement on issues like alimony, custody, property, and future responsibilities
Mutual divorce works best when couples want closure without bitterness.
Step-by-Step Mutual Divorce Process in Kolkata (2025 Updated)
Step 1 – Consultation With a Divorce Lawyer
This is where most of the clarity happens. A lawyer helps both spouses understand:
Rights of husband and wife
Alimony or maintenance expectations
Custody and visitation planning
Required documents
Court timelines
Most couples who meet Advocate Anulekha Maity say that the first consultation itself reduces 50% of their stress because everything becomes clear and practical.
Step 2 — Discussion and Settlement Agreement
The couple discusses and finalizes:
Alimony (if any)
Child custody and future schooling
Visitation rights
Property or jewellery distribution
Future liabilities
A clean written settlement is the backbone of a smooth divorce. If both parties cooperate, this step can be completed in one session.
Step 3 — Preparing the Joint Mutual Divorce Petition
Documents You Usually Need
Marriage certificate
Address proof of both spouses
ID proofs
Marriage photos
Proof of separate living
Agreement signed by both parties
The petition is drafted carefully and includes all important terms to avoid future disputes.
Step 4 — First Motion in Family Court (Kolkata)
You and your spouse appear before the Family Court—often in Salt Lake or Barrackpore, depending on jurisdiction.
What Happens in First Motion?
Both spouses confirm their decision
Judge records statements
Court accepts the petition
The entire procedure usually takes 15–30 minutes.
Step 5 — Cooling Period (6 Months Rule)
Traditionally, the law required a six-month waiting period.
Can the 6-Month Period Be Waived?
Yes—courts can waive it if:
Both parties have settled all issues
Separation is already more than a year
There is no chance of reconciliation
In Kolkata, many couples obtain a waiver, making the process faster.
Step 6 — Second Motion Hearing
After the cooling period (or waiver), both spouses return to court for the second hearing.
What Happens in Second Motion?
The judge confirms both still want divorce
Final agreement is checked
The divorce decree is granted
Once the decree is issued, the marriage is legally dissolved.
How Long Does Mutual Divorce Take in India?
Normal Timeframe
With cooling period: 6–8 months
Without cooling period: 2–3 months
Can It Be Done in One Visit?
Many NRIs or out-of-state couples ask this.
Yes—under certain conditions, lawyers use special applications and affidavits to minimize appearances.
In many cases handled by Advocate Anulekha Maity, clients needed to visit only once.
How Much Does Mutual Divorce Cost in Kolkata?
There is no fixed amount; it depends on:
Complexity
Settlement terms
Documentation
Number of hearings
Compared to contested divorce, the cost is significantly lower because the process is smoother and quicker.
Common Mistakes Couples Should Avoid
1. Changing the Agreement Later
This causes delays. Finalize everything before filing.
2. Not Discussing Child Custody Clearly
Vague decisions lead to future confusion.
3. Emotional Pressure During Hearings
Both spouses must speak freely. Judges look for clarity and willingness.
Why Mutual Divorce Is Better Than Contested Divorce
Less Stress, Less Pain
No accusations, no court battles.
Faster Closure
Months instead of years.
Future-Friendly
Ideal when children are involved.
Cost-Effective
Saves money on litigation and unnecessary hearings.
Why Choose Advocate Anulekha Maity for Mutual Divorce in Kolkata?
Practical, Clear Legal Guidance
Clients often say she explains the law in simple, practical language—making difficult decisions easier.
Transparent Process + Low Stress Approach
No surprises. Everything is planned from Day 1.
Experience in One-Time Appearance Cases
She has helped many couples (including NRIs) complete the process smoothly with minimum visits.
Located Conveniently Near Dunlop, Belgharia
Easy access for North Kolkata couples.
Final Thoughts – Starting a New Chapter with Dignity
Ending a marriage is never easy, but the process doesn’t have to be painful.
With cooperation, clarity, and the right legal support, a mutual divorce can become a respectful closure and a fresh beginning.
If you need guidance for a mutual divorce in Kolkata, legal notice, or family court process, Advocate Anulekha Maity can help you through every step with confidentiality and care.
Office Locations
Advocate Anulekha Maity
55/1, Dunlop, Narendra Nagar, L-9, Belghoria, Kolkata, West Bengal 700056
+91-70037-46750