Marriage is meant to bring happiness, but sometimes reality is far from what couples expect. For some, the decision to end the marriage quickly becomes the only way forward. If you’re a newly married couple and things have gone irreversibly wrong, you may be wondering — Can I get a divorce within 1 year of marriage? How fast can a divorce be done in India? What are the legal options for a newly married couple to separate peacefully?
This blog explains how to file for divorce if you are recently married, what Indian law says, and how to do it legally and smoothly.
Is Divorce Possible Before 1 Year of Marriage?
Under the Hindu Marriage Act, 1955, normally you cannot file for divorce within 1 year of marriage. However, there are exceptions.
Section 14 of the Hindu Marriage Act says that divorce can be filed before 1 year only if:
✅ There is exceptional hardship to the petitioner, or
✅ There is exceptional depravity by the other party.
For example: Cruelty, domestic violence, bigamy, fraud — if serious enough — can allow you to request the court’s permission to file for divorce within 1 year.
How Newly Married Couples Can Get a Divorce
1️⃣ Mutual Consent Divorce
The easiest, fastest, and least painful option for a newly married couple is Mutual Consent Divorce.
Under Section 13B of the Hindu Marriage Act, both husband and wife can file a joint petition if:
- Both agree the marriage has broken down.
- They have been living separately for at least 1 year.
But wait! If you haven’t completed 1 year yet, you must seek permission from the court under Section 14 showing exceptional hardship. Otherwise, you’ll need to wait till the first anniversary.
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2️⃣ Contested Divorce
If your spouse doesn’t agree, you can file a contested divorce on valid legal grounds:
- Cruelty (mental or physical)
- Desertion for 2 years
- Adultery
- Bigamy
- Fraud or misrepresentation
- Mental disorder
Again, if it’s within 1 year of marriage, you must prove exceptional hardship or depravity to get the court’s permission to file early.
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Step-by-Step Process for Divorce for Newly Married Couples
1️⃣ Talk to a our Lawyer:
Every situation is unique. A lawyer will check if your case qualifies for an early divorce and guide you on documents and strategy.
2️⃣ Draft & File Petition:
File a Mutual Consent Divorce Petition if both agree, or a Contested Divorce Petition if only one spouse wants it.
3️⃣ Appear in Court:
For mutual consent, both must appear for statements twice — once at filing and again after 6 months ‘cooling-off’ period. Courts sometimes waive this period in special cases.
4️⃣ Decree of Divorce:
If all is in order, the court grants a divorce decree. You’re legally separated.
How Long Does a Newly Married Divorce Take in India?
✅ Mutual Consent Divorce: 6 months minimum — sometimes faster if cooling-off is waived.
✅ Contested Divorce: 1–3 years, depending on the complexity.
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Documents Required for Divorce
- Marriage certificate
- Wedding photos or proofs
- Address & ID proofs of both parties
- Marriage registration proof
- Income & asset details (for maintenance/alimony)
- Evidence of cruelty, if contested
What About Alimony or Maintenance?
For newly married couples, alimony depends on:
- Duration of marriage
- Earning capacity of both
- Financial needs
For short marriages with no children, many couples settle with one-time settlement and mutual consent.
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What If There’s Domestic Violence?
If there is physical or mental cruelty, you can:
✅ File a police complaint under the Domestic Violence Act, 2005
✅ Seek immediate protection orders
✅ File for divorce on grounds of cruelty
Tips for Newly Married Couples Seeking Divorce
💡 Always try for mutual consent if possible — it saves time, money, and emotional stress.
💡 Keep all communication polite and civil.
💡 Avoid false allegations — they can backfire.
💡 Protect your mental health — take support from trusted family or a counselor.
Talk to a Family Divorce Lawyer Now
Ending a marriage is hard, especially when it’s recent. But dragging a toxic relationship can be worse. If you’ve decided to move on, act legally, plan properly, and protect your rights.
📞 Need Help with a Divorce?
Contact us today for:
✅ Mutual Consent Divorce Filing
✅ Contested Divorce Guidance
✅ Alimony & Settlement Negotiation
✅ Quick Divorce Process
✅ Legal Help for Domestic Violence
📱 +91 9911660707 🌐 Visit: https://www.ghamdaanlawfirm.com
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