Divorce made simple

Your guide to a smoother process

Legal Questions Which You Should Know

In India, there are mainly two types of divorce: Mutual Consent Divorce and Contested Divorce.

  • In Mutual Consent Divorce, both husband and wife agree to separate.

  • In Contested Divorce, one spouse files for divorce without the other’s agreement, usually on specific legal grounds like cruelty, desertion, or adultery.

  • Mutual consent divorces (where both agree) often take 6 to 18 months in many jurisdictions in India, depending on court backlog, complexity of ancillary issues, etc.

  • Contested divorces can take several years, depending on how many issues are disputed (custody, alimony, property) and how many appeals might follow.

Indian courts always keep the best interest of the child in mind. Custody can be:

  • Physical custody (where the child stays with one parent, but the other has visitation rights).

  • Joint custody (both parents share time and responsibility).

  • Legal custody (right to make important decisions for the child).
    The aim is to ensure the child’s growth, safety, and happiness.

Under Indian law, the financially weaker spouse can claim alimony (one-time settlement) or maintenance (regular support). Courts look at factors such as income, standard of living, health, and responsibilities of both spouses before deciding the amount.

Unlike some countries, India does not follow an automatic “50-50” property split. Property is divided based on ownership and contribution. If a property is jointly owned, both spouses have rights. A wife may also claim her share in the husband’s ancestral property for the children’s benefit.