Can I file for divorce within 4 months of marriage?

Community Forums Legal Advice India Can I file for divorce within 4 months of marriage?

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    • #6866 Reply
      Mehulfox191
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        Mehulfox191
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        April 27, 2025 at 11:49 pm
        28M – can i file a mutual divorce within 4 months of marriage? Or do I have to wait for a year. I contacted some lawyers they told me we will have to wait a minimum of 1 year.

      • #6880 Reply
        Supernutan714
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          Supernutan714
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          April 28, 2025 at 12:18 am
          If it is mutual then
          1) You both do not need any lawyer.
          2) both of you file a divorce petition in family court.
          3) Follow judges order.

          • #6882 Reply
            Coolthinker3080
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              Coolthinker3080
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              April 28, 2025 at 2:32 am
              You both donot need any lawyer are u sure ? ๐Ÿง

              • #6884 Reply
                Supernutan714
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                  Supernutan714
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                  April 28, 2025 at 2:33 am
                  Yes. Divorce cases do not need a lawyer.

            • #6879 Reply
              Happyfalcon5271
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                Happyfalcon5271
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                April 28, 2025 at 1:17 am
                Yes normally u need 1.5 years total. 1 year separation and 6 months cooling off period. 1 year is compulsory but the 6 months can be waived. Use a lawyer to speed up the process. Donโ€™t listen to quacks who think family courts are like consumer courts and u can just get everything done by urself ๐Ÿ˜›

              • #6878 Reply
                Minabro56
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                  Minabro56
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                  April 28, 2025 at 2:30 am
                  Yes

                  The law provides for taking leave of court to file the petition.

                • #6877 Reply
                  Coolthinker3080
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                    Coolthinker3080
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                    April 28, 2025 at 2:32 am
                    Yes u can but for that u have to show the marriage date before the actual one . The date should be such that it could complete a 1 year separation. And that can only happen if the marriage is not registered anywhere

                  • #6876 Reply
                    Coolthinker3080
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                      Coolthinker3080
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                      April 28, 2025 at 2:37 am
                      And get lawyer file for mutual divorce showing marriage in backdate and then wait for 6 months for the divorce u would be called 3 times that is on filing day i between one time and on the last date that is after 6 months if both the husband and wife agrees the divorce is completed . And yes u both need different advocate . And please get a good advocate . Donโ€™t go for saving money

                    • #6875 Reply
                      Silentmehul7079
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                        Silentmehul7079
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                        April 28, 2025 at 2:52 am
                        If you both want then you both can appoint 1 quack and lie to the court that marriage is not consummated etc etc and get annulmentย 

                      • #6874 Reply
                        Urbanshashwat851
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                          Urbanshashwat851
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                          April 28, 2025 at 3:00 am
                          No! Can’t file for divorce before 1 year of marriage for Mutual Divorce.

                          Going through the process. Filed divorce a month ago via a lawyer. Was asked to wait till one since it’s mutual

                          • #6881 Reply
                            Lavanyabro181
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                              Lavanyabro181
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                              April 28, 2025 at 3:54 am
                              Will it be annulment or divorce?

                              • #6883 Reply
                                Urbanshashwat851
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                                  U
                                  Urbanshashwat851
                                  PARTICIPANT
                                  April 28, 2025 at 3:56 am
                                  Divorce

                            • #6873 Reply
                              Coolknight1377
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                                Coolknight1377
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                                April 28, 2025 at 4:04 am
                                In exceptional cases it is possible to get the 1 year waived off. So depends on the reason for separation and divorce.

                                Generally, 1 year is mandatory

                              • #6872 Reply
                                Desiknight9081
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                                  Desiknight9081
                                  PARTICIPANT
                                  April 28, 2025 at 4:20 am
                                  Hi. Iโ€™m a lawyer here. Yes you have to wait for a year after the marriage is solemnised, prior to filing for divorce, barring grave circumstances. You also have to be living separately for one year prior to filing the divorce petition.

                                • #6871 Reply
                                  Megahawk7451
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                                    Megahawk7451
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                                    April 28, 2025 at 5:20 am
                                    If its mutual you have to wait until 1 year to file divorce.

                                  • #6870 Reply
                                    Luckyprajwal5988
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                                      Luckyprajwal5988
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                                      April 28, 2025 at 5:26 am
                                      lawyer paise k liye bolega hoga dont listen. judge will dismiss need 1 year

                                    • #6869 Reply
                                      Fiercearushi7419
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                                        Fiercearushi7419
                                        PARTICIPANT
                                        April 28, 2025 at 6:01 am
                                        dont file urself………let her file

                                        its cheaper

                                      • #6868 Reply
                                        Supersuraj3213
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                                          Supersuraj3213
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                                          April 28, 2025 at 7:09 am
                                          I am a lawyer. Marriage solemnized under the Hindu Marriage Act restricts divorce petitions within 1 year of marriage. If there is no urgency to marry again or otherwise, the process is more straightforward if the petition is filed after 1 year. In the interim period, the parties may live separately on mutual consent. Once the period is over, they can file a divorce petition by mutual consent and seek the waiver for 6 month cooling period by pleading the time they already spent living separately.

                                        • #6867 Reply
                                          Shivaniwolf301
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                                            Shivaniwolf301
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                                            April 30, 2025 at 2:29 am
                                            Hi OP! If I may ask, why mutual divorce within 4 months of marriage?ย 

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