Mutual Consent Divorce Lawyer in Mulund, Mumbai and Thane

Looking for a mutual consent divorce lawyer in Mumbai or Thane? DM Legal Services, led by Advocate Deepak M. Tiwari, helps couples who have decided to separate peacefully prepare, file and complete a joint petition in the Family Court, with clear paperwork and honest advice at every step.

What Is Divorce by Mutual Consent?

When both spouses agree that the marriage cannot continue and that all terms can be settled between them, they can file a joint petition. For Hindus, Buddhists, Jains and Sikhs the law is Section 13B of the Hindu Marriage Act, 1955. Similar provisions exist in Section 28 of the Special Marriage Act, 1954 and Section 10A of the Indian Divorce Act, 1869 (for Christians).

The main requirements are that the spouses have lived separately for at least one year before filing, that they have not been able to live together, and that both agree to the divorce freely.

Mutual Consent Divorce Process in Maharashtra

• Settlement and drafting: terms on maintenance or alimony, custody and visitation, stridhan and property are recorded in a written settlement or consent terms.
• First motion: both spouses sign and file the joint petition in the Family Court that has jurisdiction, and their statements are recorded.
• Waiting period: the law provides a period of six months before the second motion. The Supreme Court has held that this period is not mandatory in every case and may be waived or reduced by the court where the facts justify it, so it is decided case by case.
• Second motion and decree: both spouses appear again, confirm that they still consent, and the court may pass the decree of divorce.

Documents Usually Required

• Marriage certificate or proof of marriage and wedding photographs
• Address proof and identity documents of both spouses
• Proof of separate residence for at least one year
• Signed settlement terms covering maintenance, custody and assets
• Income and property details, where maintenance or settlement is involved

Key Points to Settle Before Filing

Most delays arise when terms are left unclear. Before filing, spouses should agree on one-time or periodic payment, care and custody of children, return of stridhan and gifts, shared property, and who bears the cost of the proceedings. A carefully drafted settlement reduces the risk of later disputes or a withdrawal of consent.

How We Help

We explain your rights and options, draft the joint petition and consent terms, prepare you for the court appearances, and follow the matter through to the decree. If the spouses cannot agree, we also advise on contested divorce and on related matters such as maintenance, custody and domestic violence remedies. We make no promise about outcome or timeline, because both depend on the court and the facts.

Mutual consent divorce lawyer in Mulund, Mumbai and Thane

Choosing the right mutual consent divorce lawyer starts with understanding your documents and your options. At DM Legal Services in Mulund West, our mutual consent divorce lawyer services are available to clients in Mulund, Mumbai and Thane. A mutual consent divorce lawyer can review your papers, explain the procedure and tell you what to expect. You can read the relevant statutes on the India Code website, or send us your legal question. Whether you are only exploring options or ready to proceed, it helps to speak to a mutual consent divorce lawyer before you sign or file anything. A local mutual consent divorce lawyer also understands the courts and offices in Mulund, Mumbai and Thane.

Frequently Asked Questions

How long does a mutual consent divorce take in Mumbai?

The time depends on the Family Court, the date of listing and whether the waiting period is waived. Many matters take several months. Your advocate can give a realistic estimate after reviewing the papers.

Can the six-month waiting period be waived?

Yes, in suitable cases. The Supreme Court has held that the period under Section 13B(2) is directory, and a court can waive or reduce it where the spouses have been separated for long, efforts to reconcile have failed and the settlement is complete.

Can one spouse withdraw consent?

Yes. Consent must continue until the decree is passed, and either spouse can withdraw it before then. The court will then not grant a mutual consent divorce on that petition.

Do both spouses have to appear in court?

Generally yes, for the statements at both motions. In exceptional cases the court may allow appearance through an authorised person or video conferencing. Ask your advocate about your situation.

Which court do I approach?

The Family Court within whose area you last lived together, where you now live or where the marriage took place may have jurisdiction. In Mumbai and Thane this is usually the Family Court at Bandra or Thane.

Areas We Serve: Mulund, Mumbai and Thane

Our office is opposite Mulund Railway Station (West), so we are easily reachable for clients in Mulund East and West, Bhandup, Nahur, Vikhroli, Kanjurmarg, Ghatkopar and Thane (including Naupada, Wagle Estate and Ghodbunder Road), as well as across Mumbai and Navi Mumbai. We appear before the courts at Mulund, Thane and Mumbai, including the Family Courts, and the Bombay High Court. Family matters are handled at the Family Courts in Bandra and Thane.

Speak to an Advocate in Mulund

If you and your spouse have decided to separate by consent, book a consultation to review your settlement and plan the filing. Please use the contact page or call 9076171234. Office: 504, 5th Floor, Shree Samarth Plaza, R.R.T. Road, Opposite Mulund Railway Station (West), Mumbai – 400080. You can also read our free legal practice notes.

Disclaimer: This page is for general information only. It is not legal advice and does not create an advocate-client relationship. Every case depends on its facts, and laws and court practice change. Please consult an advocate before acting on any information here.