Mutual consent divorce: Speed and agreement

Mutual consent divorce requires both parties to agree to the divorce and to all terms: property division, maintenance, custody and guardianship. The process is typically faster, often completed in 6-12 months.

  • Both parties must file a joint petition.
  • Terms must be documented in a settlement deed.
  • Court approval is usually granted without contested hearing.

Contested divorce: When agreement fails

Contested divorce occurs when parties disagree on the divorce itself or on any material term. The court hears evidence, examines witnesses and decides all disputed issues. Contested divorces typically take 2-5 years.

  • Either party can file for divorce on grounds like cruelty, adultery or abandonment.
  • Court decides property division, maintenance and custody based on evidence.
  • Multiple hearings and appeals may extend the timeline.

Choosing your approach

If agreement is possible, mutual consent divorce is faster and less expensive. If fundamental disagreement exists on custody, property or maintenance, contested divorce may be necessary to protect your interests.