Divorce is an emotionally and legally challenging process. Many couples want to know how to get a divorce fast, legally, and with minimum stress. Indian law provides certain ways through which divorce can be obtained quickly, especially when both parties agree.
This blog explains the fastest way to take divorce in India, legal procedures, timelines, and important tips.
Types of Divorce in India
There are two main types of divorce under Indian law:
1. Mutual Consent Divorce (Fastest Method)
2. Contested Divorce (Time-Consuming)
👉 Mutual consent divorce is the fastest way to get divorce in India.
1. Mutual Consent Divorce – Fastest Way
What Is Mutual Consent Divorce?
When both husband and wife agree to:
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End the marriage
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Settle issues like alimony, child custody, and property
then they can file divorce together.
Applicable Laws:
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Section 13B – Hindu Marriage Act, 1955
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Section 28 – Special Marriage Act, 1954
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Muslim law (Khula / Mubarat)
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Christian Divorce Act
Step-by-Step Process for Fast Divorce
Step 1: Mutual Agreement
Both parties must agree on:
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Divorce
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Permanent alimony (if any)
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Child custody & visitation
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Property settlement
📌 Written settlement speeds up the case.
Step 2: File Joint Divorce Petition
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Filed in Family Court
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Jurisdiction: place of marriage, last residence, or wife’s residence
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Both parties sign the petition
Step 3: First Motion Statement
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Both parties appear before the judge
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Statements are recorded
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Court accepts the petition
Step 4: Cooling-Off Period (Waiver Possible)
Normally: 6 months waiting period
⚡ Good news:
Supreme Court has allowed waiver of 6 months if:
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Parties are living separately for long
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No chance of reconciliation
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All issues are settled
👉 With waiver, divorce can be completed within 1–2 months.
Step 5: Second Motion & Final Decree
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Final statements recorded
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Court grants Divorce Decree
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Marriage legally dissolved
How Fast Can Divorce Be Done?
| Divorce Type | Time Required |
|---|---|
| Mutual consent (with waiver) | 30–60 days |
| Mutual consent (without waiver) | 6–8 months |
| Contested divorce | 2–5 years or more |
2. Contested Divorce (Slow Process)
If one party does not agree, divorce can be filed on grounds like:
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Cruelty
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Adultery
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Desertion
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Domestic violence
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Mental illness
⛔ This process is lengthy and stressful and cannot be fast.
Documents Required for Fast Divorce
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Marriage certificate
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Address proof of both parties
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ID proof (Aadhaar, PAN)
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Passport-size photographs
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Income proof
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Settlement agreement
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Proof of separation (if any)
Tips to Get Divorce Faster
✅ Choose mutual consent divorce
✅ Settle alimony & custody amicably
✅ Hire an experienced family/divorce lawyer
✅ Apply for cooling-off waiver
✅ Avoid unnecessary allegations
✅ Attend court dates on time
Is Online Divorce Possible in India?
❌ No complete online divorce
✔ Filing and consultation can be online
✔ Physical court appearance is mandatory (at least once)
Can Divorce Be Done Without Court?
❌ No
Divorce is a legal process, and only a court decree can dissolve marriage legally.
If you want to take divorce fast in India, the only practical and legal way is Mutual Consent Divorce with waiver of cooling-off period. With proper documentation and legal guidance, divorce can be finalized in as little as 30–60 days.