I am thinking about ending my marriage.

What this actually is

There are two routes. If you both agree, it is a mutual consent petition and you are asking the court to record what you have already settled between you. If one of you does not agree, it is a contested petition and the court decides. Mutual consent is shorter, cheaper and less damaging, and I will always test whether it is possible before anything else. Nothing is filed, and nobody is told, until you say so.

What happens, in order

Consultation

We work out which route is realistic, and whether you need me at all.

Settlement terms in writing

Custody, maintenance, property. Longer if the other side is slow to respond.

First motion, filed and recorded

Both of you appear. Statements are recorded by the court.

Statutory waiting period

The statute sets a six-month gap between the two motions. A court can waive it in some cases, and the court decides that, not I.

Second motion and decree

Contested matters do not follow this sequence and I will not pretend otherwise.

What to bring

Marriage certificate or proof of solemnisation, identity documents for both of you, and six months of salary slips or the last two returns. If you cannot get something, say so. An alternative usually exists.

Full document checklist →

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Three ways on from here

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Kiran Ashri, Advocate · Chamber at 24/4C, Rail Vihar, Sector 56, Gurugram

The information on this website is true to the best of my knowledge and is furnished by me, Kiran Ashri, Advocate. Nothing on this website is legal advice, and reading it or writing to me does not create a lawyer-client relationship.