If your marriage has now reached the one-year mark, understanding the complete procedure for filing your divorce petition at this specific stage is genuinely important, since this timing represents precisely the point at which the general statutory bar under Section 14 of the Hindu Marriage Act, 1955 lifts, allowing you to proceed with an ordinary divorce petition without needing to demonstrate any exceptional circumstances that would otherwise have been required to file earlier.

Once you have confirmed that this one-year threshold has genuinely been reached, or has already passed, the first step is deciding which of the two available pathways best suits your specific circumstances: mutual consent divorce under Section 13B, if your spouse genuinely agrees the marriage should end, or a contested divorce under Section 13(1), if your spouse does not consent, requiring you to establish a specific fault-based ground.

If you are pursuing mutual consent divorce, it is genuinely important to understand that you must additionally satisfy the separate requirement under Section 13B specifically requiring that you and your spouse have been living separately for a period of one year or more, meaning if your one-year mark from the wedding date and your one-year mark from the beginning of your actual separation do not coincide, you would need to wait for whichever of these two distinct periods concludes later before you can properly file, as discussed extensively in relation to how soon after marriage a couple can file for mutual consent divorce specifically.

For mutual consent divorce, once eligible, the procedure begins with reaching a comprehensive settlement addressing maintenance or alimony, custody arrangements for any children, and division of jointly owned property and assets, followed by jointly filing your petition before the Family Court having jurisdiction, generally the court within whose local limits your marriage was solemnised, where you last resided together, or where your spouse currently resides.

Once filed, you proceed to the first motion, at which both spouses personally appear before the court to confirm their genuine and voluntary consent, followed by the mandatory statutory cooling-off period, generally six months, though this can be waived by the court in appropriate circumstances following the Supreme Court's guidance in Amardeep Singh v. Harveen Kaur, and finally the second motion, at which the court, satisfied that consent genuinely continues, passes the final decree of divorce.

If you are pursuing a contested divorce, since one year has now elapsed, you can proceed to file your petition establishing whichever specific fault-based ground genuinely applies to your circumstances, whether cruelty under Section 13(1)(ia), adultery under Section 13(1)(i), or another recognised ground, without needing the specific two-year period desertion would require, unless desertion is itself your specific chosen ground.

The contested procedure involves your advocate drafting a detailed petition setting out the specific facts supporting your chosen ground, filed before the appropriate Family Court, followed by service of notice on your spouse, their opportunity to file a written statement, the framing of specific issues in dispute, the evidence-recording stage involving examination and cross-examination of witnesses from both sides, final arguments, and the court's judgment.

Throughout either pathway, you can seek interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, and, where children are involved, interim custody arrangements under Section 26, ensuring your practical and financial needs are addressed while your case proceeds.

Required documentation for either pathway generally includes your marriage certificate, proof of address establishing the correct jurisdiction, income and asset details relevant to maintenance and property considerations, and, where children are involved, their birth certificates, along with any specific evidence relevant to your chosen ground if pursuing a contested divorce.

Once your final decree is granted, whether through mutual consent or a contested proceeding, it is essential to obtain a certified copy for your records, and, where relevant to future needs such as remarriage, a separate divorce certificate if required in your specific jurisdiction, and either party retains the right to appeal a contested judgment to the High Court under Section 19 of the Family Courts Act, 1984, generally within ninety days, if they believe the trial court's decision was genuinely incorrect.

Given how genuinely important it is to properly navigate the specific pathway and requirements applicable to your circumstances now that you have reached this one-year threshold, it is essential to consult an experienced family law advocate. You can reach out via Aapka Legal Advice for a confidential consultation on properly filing your divorce petition given your marriage's current one-year duration.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling divorce matters at this specific stage.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate will ensure your petition is filed correctly and pursued efficiently through whichever pathway suits your circumstances.

In summary, the procedure for filing for divorce after one year of marriage involves confirming this general statutory bar under Section 14 of the Hindu Marriage Act has genuinely lifted, then choosing between mutual consent divorce under Section 13B, which additionally requires a separate one-year separation period and proceeds through two motions with a cooling-off period, or contested divorce under Section 13(1), requiring proof of a specific fault-based ground through the ordinary trial process, with both pathways allowing for interim maintenance and custody arrangements throughout.