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Under the Hindu Marriage Act, 1955, divorce by mutual consent is governed by Section 13B. The spouses must have lived separately for a continuous period of at least one year before filing the divorce petition. During this period, they should have mutually agreed that their marriage has irretrievably broken down. Thereafter, both spouses need to jointly file a petition for divorce by mutual consent. The petition should be presented to the family court that has jurisdiction over the matter. The petition must contain details such as the reason for divorce, terms of separation, and any agreements regarding child custody, alimony, and division of assets, if applicable. After filing the petition, both spouses must appear in court together.

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They need to reaffirm their consent for the divorce and verify the contents of the petition. The court imposes a mandatory waiting period of six months, known as the cooling-off period, starting from the date of the first appearance in court. After the cooling-off period, both spouses must appear in court again for the second motion. They need to reconfirm their consent for divorce and inform the court of their decision to proceed. If the court is satisfied that their consent is genuine and there is no possibility of reconciliation, it will grant the divorce decree. Similar provisions exist under Section 28 of the Special Marriage Act, and Section 10A of the Divorce Act which govern divorce by mutual consent. Its cost varies from case to case in India.

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