Going through a hard time at home? Let's walk through your options gently.

What the law actually says

• Different communities are governed by different marriage laws — the Hindu Marriage Act for Hindus, Buddhists, Jains and Sikhs; the Special Marriage Act for inter-faith and civil marriages; and separate Muslim, Christian and Parsi laws. They differ in detail, but the protections below exist for everyone in some form.
• A divorce can happen by mutual consent — where both partners agree to part ways — or it can be contested by one side. Mutual consent is usually faster, calmer and far cheaper, because there's nothing to fight over in court. But you cannot file for it until you have been living separately for at least a year, and some of the other marriage laws ask for longer.
• Money matters are separate from the divorce itself. Either spouse can claim maintenance (financial support) if they have no income of their own to live on, and so can children and parents who can't support themselves. Support for the children is the parents' shared responsibility.
• If a child is involved, the court decides custody on one question only — what is best for the child. And any woman facing abuse at home can seek protection under the Protection of Women from Domestic Violence Act, including orders to stop the abuse and to let her stay in the shared home.

What to do

1. 1

   Look after your safety first

   If there's any violence or threat at home, that comes before everything else. You can approach the police, a Protection Officer or the local court for a protection order — you do not have to wait for a divorce to be safe.

2. 2

   Get clear on what you actually want

   Are you hoping to reconcile, to separate calmly, or to end the marriage? Knowing this shapes everything. If both of you broadly agree on parting, mutual-consent divorce is the gentlest and cheapest route — but only once you have lived separately for a year. After you file there is a six-month wait before the second hearing, and that hearing has to happen within eighteen months of filing or the petition falls away.

3. 3

   Quietly gather your papers

   Keep your marriage certificate, ID, bank and income details, and anything about children or shared property somewhere safe. You'll need these for maintenance, custody or any filing — and having them ready lowers the stress later.

4. 4

   Talk to a family-law advocate

   Family matters almost always need a lawyer, because the right law depends on your community and your situation. A good advocate will tell you honestly whether mutual consent is possible and what support and custody arrangements are realistic. Most of this is heard in the Family Court.

Your rights, at a glance

Common questions in this area

• Maintenance for a wife and children — how it actually works/family/maintenance-125
• Mutual-consent divorce — the real steps and timeline/family/mutual-consent-divorce

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