Divorce Law

Can I file for mutual consent divorce if my spouse lives in a different city?

Asked by Anonymous · Answered 18 Jan 2026

The Question
My spouse and I have agreed to separate, but we currently live in different cities and rarely meet in person. Can we still file a mutual consent divorce, and where should we file it?
Answer — MyLawIndia Legal Team

Yes — living in different cities doesn't stop you from filing a mutual consent divorce, though it does mean coordinating a bit more carefully on paperwork and hearings. The petition is generally filed in the family court having jurisdiction over the place where you last lived together as a couple, where the marriage was solemnised, or where either spouse currently resides.

Both spouses typically need to be present in person for the first and second motion hearings, though some courts have started permitting appearance through video conferencing in appropriate cases, especially where one spouse is based abroad or far away. It's worth discussing this with your lawyer early so you can plan travel or explore whether virtual appearance is realistically possible in your specific court.

Since every family court's practice on this can differ, it's best to consult an advocate familiar with the specific court you'll be filing in.

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