Community › Forums › Legal Advice India › Can I file for divorce within 4 months of marriage?
- This topic has 18 replies, 15 voices, and was last updated 1 year, 1 month ago by
Supernutan714.
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MMehulfox191
PARTICIPANT
April 27, 2025 at 11:49 pm28M – 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. -
SSupernutan714
PARTICIPANT
April 28, 2025 at 12:18 amIf 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.-
CCoolthinker3080
PARTICIPANT
April 28, 2025 at 2:32 amYou both donot need any lawyer are u sure ? ๐ง-
SSupernutan714
PARTICIPANT
April 28, 2025 at 2:33 amYes. Divorce cases do not need a lawyer.
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HHappyfalcon5271
PARTICIPANT
April 28, 2025 at 1:17 amYes 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. Donโt listen to quacks who think family courts are like consumer courts and u can just get everything done by urself ๐ -
MMinabro56
PARTICIPANT
April 28, 2025 at 2:30 amYesThe law provides for taking leave of court to file the petition.
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CCoolthinker3080
PARTICIPANT
April 28, 2025 at 2:32 amYes 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 -
CCoolthinker3080
PARTICIPANT
April 28, 2025 at 2:37 amAnd 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 . Donโt go for saving money -
SSilentmehul7079
PARTICIPANT
April 28, 2025 at 2:52 amIf 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 -
UUrbanshashwat851
PARTICIPANT
April 28, 2025 at 3:00 amNo! 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
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LLavanyabro181
PARTICIPANT
April 28, 2025 at 3:54 amWill it be annulment or divorce?-
UUrbanshashwat851
PARTICIPANT
April 28, 2025 at 3:56 amDivorce
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CCoolknight1377
PARTICIPANT
April 28, 2025 at 4:04 amIn 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
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DDesiknight9081
PARTICIPANT
April 28, 2025 at 4:20 amHi. Iโm 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. -
MMegahawk7451
PARTICIPANT
April 28, 2025 at 5:20 amIf its mutual you have to wait until 1 year to file divorce. -
LLuckyprajwal5988
PARTICIPANT
April 28, 2025 at 5:26 amlawyer paise k liye bolega hoga dont listen. judge will dismiss need 1 year -
FFiercearushi7419
PARTICIPANT
April 28, 2025 at 6:01 amdont file urself………let her fileits cheaper
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SSupersuraj3213
PARTICIPANT
April 28, 2025 at 7:09 amI 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. -
SShivaniwolf301
PARTICIPANT
April 30, 2025 at 2:29 amHi OP! If I may ask, why mutual divorce within 4 months of marriage?ย
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