Legal notices
Divorce notice: what it is and when you need one
People say "divorce notice" for two different things: a letter an advocate sends to the spouse before any case, and the notice a court sends once a petition is filed. The first is optional. No law in India requires a legal notice before filing for divorce.
Law checked on 9 November 2026.
- Notice before divorce
- Not required by law
- Mutual consent
- Living apart 1 year, then a 6-month wait that can be waived
- Earliest petition
- One year after marriage, with exceptions
- Court notice
- Sent after the petition is filed
A notice to the spouse before a case
An advocate's letter to the spouse can set out what went wrong, ask them to return home, propose a mutual consent divorce and its terms, or ask for maintenance. It can open talks and put events on record. It is not a step the court requires, and it does not start any period running.
Write it with care. A threatening or exaggerated notice can be produced in court and read against the person who sent it. If there is violence at home, safety comes first: the police (112), the Women Helpline (181), or a Protection Officer under the Protection of Women from Domestic Violence Act, 2005.
Divorce by mutual consent
Under Section 13B of the Hindu Marriage Act, 1955, both spouses file one joint petition after living separately for at least a year. The court records their statements (the first motion), and they confirm after six months (the second motion), when the decree is passed. The Supreme Court held in Amardeep Singh v Harveen Kaur (2017) that the six-month wait is not mandatory and can be waived in suitable cases.
Section 14 bars any divorce petition within one year of the marriage, unless the court allows it for exceptional hardship or depravity.
Contested divorce, and the court's notice
Without consent, one spouse files a petition on a ground the law recognises, such as cruelty or desertion for two years (Section 13, Hindu Marriage Act). The court then sends a notice, or summons, to the other spouse with a date. This is the notice that matters: the spouse can file a reply (a written statement) and contest. If they do not appear after being served, the court can proceed without them.
Other laws apply to other marriages: the Special Marriage Act, 1954 to civil marriages, the Divorce Act, 1869 to Christian marriages, and personal law for Muslim marriages. Their grounds and periods differ.
Maintenance does not wait for divorce
A wife, children or parents unable to maintain themselves can apply for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 125 of the old Code of Criminal Procedure) while the marriage still stands.
Other legal notices
Talk to an advocate about your notice Tell us what the notice is about, or what you want to claim. Sending an enquiry is free. It goes to advocates who handle this kind of matter, and your number goes only to those who open it.
Questions people ask
Is a legal notice compulsory before filing for divorce?
No. No law requires one. It can still be useful to propose terms or record events, but you can file a petition without it.
Can I get a divorce if my spouse does not agree?
Yes, by a contested petition on a ground the law recognises, such as cruelty or desertion. It takes longer than mutual consent, because the case has to be proved.
What if my spouse ignores the court notice?
If the notice was properly served and they do not appear, the court can hear the case without them and decide it.
How soon can we divorce by mutual consent?
After living separately for at least a year and, normally, one year from the marriage. After the first motion there is a six-month wait, which the court can waive in suitable cases.
- Hindu Marriage Act, 1955 (India Code)
- Amardeep Singh v Harveen Kaur, Supreme Court, 12 September 2017
General information on Indian law, not legal advice for your situation. Time limits and procedure can turn on facts and on State law; an advocate can tell you how they apply to you.