Overview
Who needs this?
- Couples who have agreed to separate and want a fast, mutual divorce
- Spouses facing cruelty, desertion or abandonment who need a contested divorce
- Parents who need custody and maintenance decided for their children
- Individuals who want a clear share of marital property on separation
Requirements
You should be able to say yes to each of these before you start.
- A legally recognised marriage, registered or customary
- For mutual consent, both spouses agree on divorce and on property and child arrangements
- For a contested petition, a ground recognised by the Civil Code such as desertion for three years or cruelty
- The petition is filed in the district where either spouse resides
Where are you now?
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Stage 1 of 5 · Consult
- 1Consult
- 2Petition
- 3Mediation
- 4Hearing
- 5Judgment
I'm at this stage:
What typically comes next: Petition — usually the step “Draft and file the petition” below.Jump to the steps
Step-by-step procedure
- 1
Step 1
1–2 daysConsultation and choosing the route
Talk through the situation with a family lawyer to decide between a mutual petition and a contested one. This is also the time to think about property, maintenance and where children will live.
Family law advisor
Tip: Mutual consent is far quicker; even a partial agreement narrows what the court must decide.
- 2
Step 2
1–3 daysDraft and file the petition
The petition and supporting documents are registered at the District Court and a court fee is paid. The registry assigns a case number and, for contested cases, issues a summons to the other spouse.
District Court registry
- 3
Step 3
3–5 weeksService of summons and reply
In a contested case the respondent is served and normally has 21 days to file a written reply. Mutual petitions skip this step because both parties sign the filing.
District Court
- 4
Step 4
2–6 weeksCourt-referred mediation
The court sends most family cases to its mediation centre before hearing evidence. Many couples finalise their property and custody terms here with a trained mediator.
Court-annexed Mediation Centre
Tip: Bring a written list of assets and debts; it makes the sessions much more productive.
- 5
Step 5
1–6 monthsHearing and evidence
If issues remain, the bench hears witnesses and reviews documents on the grounds for divorce, property partition and custody. Mutual consent cases usually need only a short confirmation hearing.
District Court (Family Bench)
- 6
Step 6
1–2 weeksJudgment and record update
The court issues its decision and a certified copy is given to both parties. Take the judgment to the ward office to update the marital status record and to Malpot if land is being divided.
District Court and ward office
Tip: Either party may appeal to the High Court within 30 days, so keep the certified copy safe.
Documents required
Tick items off as you gather them.
0 of 7 ready · 4 required
Estimated cost
| Item | Typical range (NPR) | Notes |
|---|---|---|
| Government fee | Rs. 500 – 5,000 | Court filing fee; higher when property claims are attached. |
| Professional fee | Rs. 20,000 – 1,00,000 | Mutual consent at the lower end; contested cases with property disputes at the higher end. |
| Other expenses | Rs. 2,000 – 15,000 | Certified copies, notarisation and travel to hearings. |
| Indicative total | Rs. 22,500 – 1,20,000 | Sum of the ranges above. |
Estimated timeline
1–12 months
Typical end-to-end duration once your documents are ready. Mutual consent divorces often finish in one to three months; contested cases take longer.
Relevant laws
The provisions each stage of this procedure rests on.
Frequently asked questions
Related services
Need a hand?
Talk to a Legal Advisor about divorce filing
A 30-minute consultation is usually enough to confirm your documents, spot the step most likely to delay you and agree a plan.