In India, a divorce typically takes 6 months to 2.5 years, depending on whether it is a mutual consent divorce or a contested divorce. In Kolkata Family Courts (including Alipore Court jurisdiction), a mutual consent divorce generally takes 6–8 months, while a contested divorce may take 2–4 years, depending on complexity, evidence, child custody disputes, and court workload in 2026.
There is no “fixed timeline” under Indian law. The duration depends on the type of divorce, cooperation between spouses, documentation readiness, and how efficiently the matter is handled in court.
This article explains the realistic 2026 divorce timeline in India, with practical insight from Kolkata Family Court practice.
Understanding Divorce Timelines in India (2026 Legal Position)
Under Indian law, divorce proceedings are governed primarily by:
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Hindu Marriage Act
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Special Marriage Act
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Indian Divorce Act
The timeline differs depending on:
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Whether the divorce is mutual consent or contested
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Whether there are child custody disputes
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Whether there are maintenance or property issues
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The court’s case load (especially relevant in Kolkata courts in 2026)
In West Bengal, most divorce matters fall under the jurisdiction of the Family Court at Alipore, especially for South Kolkata and central zones.
Types of Divorce and Their Time Duration in 2026
1. Mutual Consent Divorce – Fastest Route
Legal Provision:
Section 13B of the Hindu Marriage Act
Timeline in 2026:
6 to 8 months (average in Kolkata)
Step-by-Step Breakdown:
Step 1: Drafting & Filing (2–3 weeks)
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Settlement agreement prepared
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Decision on alimony
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Child custody terms
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Property distribution agreement
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Joint petition filed before Family Court
In Kolkata practice, proper drafting avoids objections that delay first motion hearings.
Step 2: First Motion Hearing
Court records statements of both parties.
Step 3: Mandatory Cooling-Off Period (6 months)
The law prescribes a 6-month waiting period.
However, after the Supreme Court’s judgment in:
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Amardeep Singh v. Harveen Kaur
Courts can waive the 6-month period if:
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Parties have lived separately for over one year
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Settlement is complete
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No chance of reconciliation
In Kolkata Family Court practice, waiver applications are considered seriously when documentation is clear.
Step 4: Second Motion & Final Decree
Divorce granted.
Practical Reality in Alipore Court (2026)
If documents are complete and both parties cooperate:
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Decree may come in 6–7 months
If adjournments occur:
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It may extend to 9–10 months
2. Contested Divorce – Longer Process
Legal Grounds Include:
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Cruelty
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Adultery
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Desertion
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Mental disorder
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Conversion
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Irretrievable breakdown (indirectly argued)
Timeline in 2026:
2 to 4 years (average in Kolkata jurisdiction)
In heavily disputed matters:
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5 years is not uncommon
Why Contested Divorce Takes Longer
Stage 1: Filing & Notice (2–4 months)
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Petition filed
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Court issues notice
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Service of summons
If respondent avoids notice, delay increases.
Stage 2: Written Statement (1–3 months)
Opposite party files reply.
Stage 3: Evidence Stage (6–18 months)
This is where time expands significantly.
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Examination-in-chief
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Cross-examination
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Documentary evidence
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Witness examination
In Alipore Family Court, cross-examination dates may get adjourned due to:
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Lawyer scheduling
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Judicial transfers
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Court congestion
Stage 4: Final Arguments
Can take 2–6 months after evidence closure.
Stage 5: Judgment
Reserved and delivered.
Divorce Timeline in Kolkata (2026 Court Reality)
Jurisdiction: Alipore Court
Observations from Local Practice:
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Mutual divorce petitions are listed faster than contested matters.
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Maintenance and domestic violence cases running parallel slow down divorce.
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Transfer petitions between districts add 6–12 months.
If both parties reside in Kolkata:
Proceedings are smoother.
If one spouse resides outside West Bengal:
Service delays increase.
Factors That Affect Divorce Duration in India
1. Type of Marriage Act Applicable
Hindu Marriage Act cases move slightly faster compared to Special Marriage Act cases in practice.
2. Child Custody Disputes
If custody is contested:
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Psychological reports
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Child interaction sessions
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Interim custody hearings
These add 8–12 months.
3. Maintenance Litigation
Interim maintenance applications under Section 24 HMA can:
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Delay the main matter
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Create financial pressure
4. Property Disputes
If jointly owned property is involved:
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Valuation reports
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Civil suits
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Injunction applications
Timeline extends.
5. Court Workload (2026 Scenario)
Post-pandemic pendency still affects:
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Evidence scheduling
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Adjournment frequency
Can Divorce Be Completed in 3 Months in India?
Realistically, no.
Even with waiver of cooling-off period:
Minimum practical time is around 4–5 months.
Anyone promising 30-day divorce in Kolkata is not being legally transparent.
How to Reduce Divorce Timeline (Practical Advice)
As a practising family court advocate in Kolkata, I advise:
1. Documentation Ready Before Filing
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Marriage certificate
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Address proof
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Income details
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Child school records
2. Clear Settlement Terms
Ambiguous settlement leads to disputes later.
3. Avoid Aggressive Parallel Litigation
Multiple cases increase hostility and delay.
4. Choose a Lawyer Who Focuses on Strategy
Procedural missteps cause unnecessary adjournments.
How to Reduce Divorce Timeline (Practical Advice)
As a practising family court advocate in Kolkata, I advise:
1. Documentation Ready Before Filing
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Marriage certificate
-
Address proof
-
Income details
-
Child school records
2. Clear Settlement Terms
Ambiguous settlement leads to disputes later.
3. Avoid Aggressive Parallel Litigation
Multiple cases increase hostility and delay.
4. Choose a Lawyer Who Focuses on Strategy
Procedural missteps cause unnecessary adjournments.
Special Note on 2026 Legal Trends
Courts increasingly encourage:
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Mediation
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Settlement conferences
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Video conferencing for statements
Mediation at Alipore Court has reduced contested divorce duration in some cases by nearly 30%.
However, genuine high-conflict cases still take years.
Frequently Asked Questions (FAQ) About Divorce and Their Time Duration
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1. What is the fastest way to get divorce in Kolkata?
Mutual consent divorce under Section 13B of the Hindu Marriage Act, with a waiver of cooling-off period, is the fastest legal route.
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2. How long does contested divorce take in Alipore Court?
On average 2–4 years, depending on evidence and court schedule.
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3. Can the 6-month cooling-off period be removed?
Yes, based on the Supreme Court ruling in Amardeep Singh case, if conditions are satisfied.
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4. Does maintenance case delay divorce?
Yes. Interim maintenance applications often slow proceedings.
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5. Is court appearance required every month?
Not necessarily. Many dates are procedural. Personal appearance required mainly during statement recording.
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6. Can NRI couples complete divorce faster?
If both appear via power of attorney or video conferencing (with court permission), timeline may remain within 6–8 months in mutual cases.