Can I get divorce by mutual consent without a lawyer appearing every time?

For a mutual consent divorce under Section 13B of the Hindu Marriage Act, both spouses generally need to be physically present for two key stages: the first motion, where the joint petition is filed and both of you record your statements before the court confirming you are seeking divorce with free consent, and the second motion, filed after the statutory waiting period, where you confirm the consent still stands and the court passes the final decree.

The waiting period between the first and second motion is meant to be 6 months and can extend up to 18 months, but the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that this cooling-off period is directory, not mandatory, and courts can waive it in appropriate cases — for instance where the couple has already been separated a long time and reconciliation is clearly not possible. Your lawyers can request this waiver on your behalf.

Between these two hearings, your lawyers can handle most of the procedural work — filing documents, coordinating dates, and representing you on routine hearing dates that don't require your personal statement. If either of you lives abroad or in a different city, many courts also permit appearance through video conferencing for at least one of the motions, though this varies by court and needs a specific application.

Overall, expect to personally appear at least twice in a straightforward mutual consent case, not at every hearing. Confirm the specific practice of your family court with your lawyer, since some courts are stricter about personal appearance than others.