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Cost of Divorce Proceedings for Mutual Divorce in India

Divorce through mutual consent is approved by each of the marriage Acts prevalent in India. The procedure is simple and helps you avoid all the hardships involved in a contested divorce petition. Go through our article to learn more about possible charges you might need to bear if you file a divorce petition in this country.


A divorce procedure through mutual consent is an event that occurs when the parties, both partners, take a firm decision on discontinuing their marriage relationship officially. Thus the term ‘mutual consent has been incorporated into this divorce category. Cost of divorce proceedings are involved in the process. It is a smoother divorce process compared to a contested divorce.

According to the Hindu Marriage law that came into force in 1955, both partners have the fundamental right to apply for marriage dissolution by initiating a decree stating one or more than one valid reason that are particularly enlisted under Section 13. Our readers must also note that Section 10A of the Indian Divorce law (1869) and Section 28 of our Special Marriage Act also include provisions for mutual divorce.

Cost of Divorce Proceedings in India

The cost of divorce proceedings in India can vary depending on the type of divorce chosen. In India, there are two types of divorces – Mutual Consent Divorce (MCD) and Contested Divorce.

MCD is a quicker and more straightforward process that involves both parties agreeing to end the marriage. The cost of an MCD in India can range from INR 15,000 to INR 30,000, including the lawyer fees.

On the other hand, a contested divorce is a more complicated and time-consuming process that involves one party contesting the divorce. The cost of a contested divorce in India can range from INR 1 lakh to INR 5 lakhs, depending on the complexity of the case, the need for experts, and the duration of the trial.

Cost of Mutual Consent Divorce

As mentioned earlier, the cost of MCD in India is relatively low compared to contested divorces. MCD involves both parties agreeing to end the marriage, and hence the legal process is relatively straightforward. The cost of MCD in India can range from INR 15,000 to INR 30,000, including the lawyer fees.

How Much Does A Divorce Cost in 2023?

The cost of divorce in 2023 will depend on several factors, such as the inflation rate, changes in the legal system, and the complexity of the case. However, it is safe to assume that the cost of divorce in 2023 will be higher than the current cost of divorce.

Cost of Divorce Proceedings

The cost of divorce can be significant, and it is essential to factor in these expenses while planning for a divorce. The cost of divorce includes lawyer fees, court fees, expert fees, and other miscellaneous expenses. The total cost of divorce in India can range from INR 15,000 to INR 5 lakhs, depending on the type of divorce chosen and the complexity of the case.

Divorce Lawyer Fees

One of the most significant expenses in the divorce process is hiring a divorce lawyer. In India, the fees of divorce lawyers can vary depending on their experience, expertise, and reputation. Generally, a divorce lawyer in India charges around INR 10,000 to INR 50,000 per hearing, which can be a significant expense for most people.

However, it is essential to note that hiring a divorce lawyer can save you money in the long run. An experienced divorce lawyer can help you navigate the complex legal process, protect your rights, and negotiate a fair settlement on your behalf.

How Much Will My Divorce Cost?

The cost of your divorce will depend on various factors, such as the type of divorce, the complexity of the case, and the need for a divorce lawyer. It is advisable to consult a divorce lawyer to get a better understanding of the expenses involved in your case.

Where Can You File a Mutual Consent Divorce Petition?

The couple can reach out to the state judiciary council or court to file their divorce petition. This court may be situated in the state where the couple is staying. Otherwise, the couple may mutually decide to settle their terms in a court nearest the place where the wife is staying.

India’s divorce cycle begins with the application procedure for a divorce petition. Both parties involving the divorce jointly file this legal document, and a counterfoil of the petition is sent individually to both of them by the court.

Based on the 1955’s Hindu Marriage law, an appeal for the ‘mutual divorce’ event can be filed when you and your partner are having hardships and thus have agreed to part your paths following lawful directives.

However, there is also the procedure of filing a divorce application when only one of the spouses wishes to get out of the marital relationship. Those petitions are marked as ‘contested divorce petitions’. For the Cost of Divorce Proceedings, charges may vary accordingly.

Valid Conditions That Lead to Mutual Divorce Procedures in India

Marriage registration all over India occurs under any of the two Marriage Acts – the Hindu Marriage law (1955) and the Special Marriage law (1954). When we start discussing the Acts governing divorce processing in India, the norms remain the same. The jurisdiction passes a verdict depending on the Act under which the marriage was initially solemnized.

The conditions that are considered genuine by the jury under Section 13B about the Hindu Marriage law are given below:

  1. There must be a separation period extending up to 1 year once the partners have decided to call off their marriage relationship mutually. 
  2. The same code of conduct is also noticeable in Section 28 concerning the Special Marriage law. 1869’s Divorce law demands a separation period of at least two years.
  3. Similar compulsory separation periods have been set under the Christian Marriage Act, Muslim marriage law, and the Parsi Marriage law (1936).

Step-By-Step Cost of Divorce Proceedings in India

Divorce petition/ application: A petition must be forwarded to the state family court where the husband and the wife will jointly apply for marriage dissolution. They have to present why they wish to discontinue their marriage and state that they have been living at different addresses for at least one year or more. 

Step-By-Step Cost of Divorce Proceedings in India

Here, are the steps to know more about Cost of Divorce Proceedings

  • Physical attendance in front of the judge and scrutiny of the petition: This is a mandatory step where both spouses attend the family court. The spouses will introduce their lawyers/counsels before the judge. Depending on the situation, the court may try to usher in reconciliation between the couple. If the attempt fails, the procedure moves forward to the next stage.
  • Dispensing orders to record respective speeches on oath: Once the court finishes inspecting the joint petition and confirms the same, it orders both spouses to say their wishes out loud so they can be captured on oath.
  • The court approves the first motion, followed by the mutual divorce decision, and a cushion period of half a year is given to commence with the second motion: This is another clause that the court orders and the couple needs to abide by it once their statements have already been recorded for the legal proceedings. Six months are awarded to each of them, within which they are eligible to file the conclusive second motion. The court stretches this window to a maximum frame of 18 months, starting from the petition investigating date executed in a particular family court.
  • Second motion: As the spouses decide to further continue with the legal matter and attend the second motion, the court assists them in carrying out the final formalities. This occurrence involves the husband and wife attending the court and recording their opinions before the family judiciary. Not too long ago, the Indian Supreme Court declared that the half-year window provided to spouses can be ignored only when the court feels there is a necessity to do so. As a result, for couples who have truly decided about their future life after settling the children’s custody, alimony, and other formal agreements, this period can be cut off.
  • Final hearing/ Issuance of divorce decree: In a mutual consent divorce, there shall not be any objections regarding the children’s custody, alimony, property rights, etc., once the matters have been addressed by the court and settled, taking mutual approval of the previously married couple. Thus marriage dissolution demands a final written agreement signed by the persons involved. This has to take place in front of witnesses who will be present from both sides. When the courts can test and assure that the allegations stated in the divorce petition are valid and it sees no other alternative, such as cohabitation or reconciliation, then it approves a decree confirming the divorce. The divorce cycle ends finally when the court passes the decree.


Vakilsearch experts and reputed lawyers throughout India assist the concerned individuals who are confused regarding the cost of divorce proceedings. We provide you with an overall roadmap you need to follow to learn anything related to marriage and divorce laws in India. In India, the court charges to execute legal proceedings on divorce sums up to a nominal figure of ₹15. At the same time, the lawyer’s fee depends on their expertise and skill set in this field. The duration of a specific case determines how much you shall have to pay to your private counselor or lawyer. It can also be a minimum of ₹10,000; in some cases, it crosses even ₹1 lakh. 


What factors influence the cost of mutual divorce proceedings in India?

The complexity of the divorce procedure, divorce lawyer fees, and the extent of agreement between the parties can impact the cost of mutual divorce proceedings. Additional factors include the division of assets, child custody arrangements, and alimony considerations.

Are there specific legal fees associated with filing for mutual divorce in India?

Yes, legal fees for mutual divorce can vary based on the lawyer's experience, reputation, and the complexity of the case. It's advisable to discuss fees with your chosen divorce lawyer upfront to understand the financial implications.

How does the complexity of assets affect the overall cost of mutual divorce in India?

If there are extensive assets to be divided, such as properties, investments, or businesses, it may increase the complexity of the divorce process in India. This complexity can contribute to higher legal fees and potentially impact the overall cost.

Are there potential additional expenses beyond legal fees in mutual divorce cases?

Yes, there may be additional expenses such as court fees, fees for documentation, and charges related to any expert consultations required to learn how to file for divorce in India. These additional costs should be discussed with your lawyer.

Can the duration of mutual divorce proceedings impact the overall cost involved?

Yes, the duration of the divorce process can influence the overall cost. Longer proceedings may result in higher legal fees, so an efficient and timely resolution is generally beneficial for minimizing expenses.

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