How to draft a divorce petition by mutual consent using AI

In this article, I will guide you through the process of drafting a divorce petition by mutual consent using AI tools effectively. You will also learn about the core concepts of mutual consent divorce under the Special Marriage Act, 1954, that will help you draft professionally. Whether you are a law student or someone who has never handled family law matters before, this article will provide you with the essential knowledge and practical skills you need to create legally sound petitions.

Introduction

Hey there! I am back with another story to share with you.

Before I jump into today’s story, I wanted to quickly mention that I have written some articles that might catch your eye. 

Ever wondered can lawyers advertise their legal services in India?, I have got you covered. Do you need to draft a monthly tenancy agreement using AI? There is an article for that, too. 

If you are someone already practicing in the Supreme Court or wishes to practice in the Supreme Court, then you can also read how to draft an effective contempt petition in the Supreme Court. But here I have also shown you how to draft without using AI.  

Now, coming back. Before I started my practice, I was working with a solicitor who had over 50 years of experience. Can you imagine the wealth of knowledge he had accumulated?

Now, back to the story. Before starting my practice, I worked with a solicitor who had over 50 years of experience. Fast forward six years, and I had gained valuable experience handling civil matters across the High Court, City Court, Consumer Forum, NCLT, and DRT cases. I had created a name for myself in the legal fraternity.

What I did not mention in that impressive list of cases was one area I deliberately avoided: marriage disputes. Those messy, emotionally charged battles not only drain clients’ bank accounts but lawyers’ souls too. I had witnessed countless couples hurling accusations in family court corridors, children being dragged into courtrooms. So I made a personal vow: No divorce cases. No custody battles. No maintenance disputes. I would rather stick to clean, straightforward civil matters.

But that did not last long. 

My colleague arrived unannounced and said she had a matter. My eyes lit up. She started, “I know you do not handle marriage cases, but I want you to handle one.” In my head, I started preparing my refusal speech.

She added, “Marriage disputes and bail applications are where the real money is. One petition can pay for your bills.”  But I stood firm. I had built my reputation on corporate disputes, property matters, and commercial litigation. Why get into marital drama?

Getting restless, she said, “Hear me out first. It is a divorce by mutual consent, not contested. Straightforward case, no drama. I’m calling the clients at 6 p.m.”

Despite every effort to refer her to a family law specialist, I eventually gave in: “Tell me what happened.”

That evening, the clients walked in, and it was nothing like typical divorce clients. No tears or vengeance. They sat with quiet dignity, clear about alimony terms.

After they left, I suggested to my colleague, “Remember how I have been experimenting with AI tools for legal drafting? This is the perfect opportunity to test those skills.”

Let me walk you through the process. 

Here is what I learned: AI can draft, but it cannot capture the human story. You need to train it with correct prompts. It can structure documents perfectly, cite relevant case laws, and format petitions according to court requirements.

AI helped me draft the initial petition in record time. Still, the real work begins when I started humanizing it, adding the nuances that only come from actually listening to your client’s story.

Do you want to know how I used AI to draft that divorce petition?

But before we draft, let us understand certain core concepts that are essential. 

What are the legal requirements for a mutual consent divorce?

You know what happened after I agreed to take on that first divorce case? 

I realised I knew embarrassingly little about the actual legal framework governing mutual consent divorces. 

Sure, I had the theoretical knowledge from law school, but practical application? That was a different beast altogether.

So there I was, sitting in my office at 7 PM, researching everything I could about section 28 of the Special Marriage Act, 1954.

 My colleague had left after briefing me about the case, and suddenly, the weight of responsibility hit me. 

You might be wondering why we are not filing under section 13B of the Hindu Marriage Act,1955, it is because the clients got married under the Special Marriage Act,1954, that allows people belonging to different religion or caste to marry without being governed by their personal laws and prefer a secular marriage.

In our case, one of the parties belonged to a different caste; therefore, they got their marriage registered under the Special Marriage Act, 1954. So, if your clients are both Hindus, then the marriage can be dissolved by mutual consent under section 13B of the Hindu Marriage Act,1955

These two doctors were counting on me to navigate their separation with dignity, and I had better know exactly what I was doing.

Let me share what I learned that night,  because trust me, you do not want to be googling “mutual consent divorce requirements” the evening before your first family law case, like I was.

India’s divorce laws are like a complex puzzle where different pieces apply to different people.

I discovered it is not just about two people wanting to separate. There are specific legal hoops you must jump through, and missing even one can derail your entire petition.

The foundation: section 28(1) requirements

That night, I made notes that would later save me countless headaches:

The non-negotiables:

• Both parties must have lived separately for at least one year (the Sharmas had been living apart since February 2020, so we were good there)
• They must be unable to live together due to irreconcilable differences (check)
• They must mutually agree to dissolve the marriage (double check)

But here is what caught me off guard, it is not enough that they separated. You need to prove they lived separately with the intention of permanent separation. The courts are particular about this distinction.

The waiting game: section 28(2) cooling-off period

This is where things got interesting. The law mandates a six-month cooling-off period after filing. Six months! I remember thinking, “Who has time for that?”

But then I discovered the judgment of Amardeep Singh v. Harveen Kaur (AIR 2017 SC 4417). This Supreme Court judgment opened a door, and courts can waive the cooling-off period in exceptional circumstances. 

My colleague later told me, “This is why experience matters. Knowing which cases to cite can cut months off your timeline.”

The consent terms: where negotiations happen

This is where I learned that divorce is not just about ending a marriage; it is about untangling two lives. 

The Sharmas had children, property, and financial obligations to sort out. 

Everything needed to be in writing, agreed upon, and incorporated into what we call “consent terms,” which would cover the following:

• Child custody arrangements
• Maintenance and alimony
• Property division
• Educational expenses for children

Now that you are aware of the requirements for a mutual consent divorce, let us learn how to draft a petition using AI.

How to draft a divorce petition using AI?

Before you start working with the AI tool, you need to know something crucial. 

Firstly, you have to treat AI like a brilliant law student or your junior, who needs clear direction. You cannot just say, “draft a divorce petition” and then expect the AI tool to give you the exact draft that you require. 

Secondly, the secret lies in how you communicate with it. You have to brief it like a junior associate or a law student. So, how do you do that? You need to provide context, structure, and all the essential details without micromanaging every word.

Let us see how I broke down this petition into manageable pieces. 

Remember, I am not just going to tell you what to do, I will show you the exact prompts I gave what AI generated in response.

Today, I am using Claude.ai; you could use any AI tools like ChatGPT, Grok.ai to create 

Step 1: Building the foundation

This is the prompt that I gave:

 “Draft the header and parties section for a mutual consent divorce petition at Family Court Bandra, Mumbai under Section 28 of Special Marriage Act 1954. Both parties are medical practitioners: Dr. Rajesh Kumar Sharma (48 years, mobile _________, email [email protected], address 45 Sunrise Apartments-B, Linking Road, Mumbai 400050) and Dr. Priya Rajesh Sharma (46 years, mobile ______________, email [email protected], address 78 Green Valley Complex, Carter Road, Mumbai 400050). Marriage date was 18.4.2008. Include proper legal formatting with court address and formal petition opening.”

So, here is what I did: I started with the most basic elements, i.e., the court details, case information, and party identification. Why? Because if you do not establish the legal framework correctly from the beginning, everything else falls apart. Never ask AI to prepare your entire article at once; always build systematically.

This is the result that was generated by Claude:

IN THE FAMILY COURT AT BANDRA, MUMBAI 

In the matter of divorce by mutual consent under Section 28 of the Special Marriage Act 1954 

AND

In the matter of marriage solemnized between the parties on 18.4.2008.

Dr. Rajesh Kumar Sharma

Aged 48years

Occupation: Medical Practitioner

Of Bombay Indian Inhabitant

residing at 45, Sunrise Apartments-B,

Linking Road,

Mumbai – 400050

Mobile No. _________________

And

Dr. Priya Rajesh Sharma

Aged 46 years,

Occupation: Medical Practitioner

Of Bombay Indian Inhabitant

residing at 78, Green Valley Complex

Carter Road,

Mumbai – 400050

Mobile No. ______________

TO, 

THE HON’BLE PRINCIPAL JUDGE 

AND OTHER PUISNE JUDGES 

OF THE HON’BLE FAMILY COURT:-

THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

Let me tell you what you should not do:

• Never dump all information in one massive prompt
• Do not assume AI knows legal formatting conventions
• Never skip essential identifying information
• Use formal legal language for documents

The format was proper, so now moving to the next step.

Step 2: Establishing legal authority

This is the prompt that I gave: 

“Add the foundational legal paragraphs establishing jurisdiction and marriage validity. Both parties are Hindu, Maharashtra domiciled, married 18th April 2008 at Mumbai under Special Marriage Act 1954. Include documentation exhibits: marriage certificate (Ex.A), ceremony photos (Ex.B colly), and Aadhar cards with numbers 5647 8923 1456 and 2789 3456 8901 (Ex.C and Ex.D). Note prior marital status and that bride’s maiden name was Priya Mohan Gupta. Detail their two children: Arjun (14½ years, born 25th September 2010, 9th standard) and Kavya (12 years, born 15th March 2012, 7th standard).”

Now, here, I wanted to establish the legal basis for filing the petition, prove the marriage’s validity, cite applicable laws, and document all parties, including children. This creates the evidentiary foundation that courts require.

This is the result that was generated by Claude:

At all material times for the purposes of this Petition, both the Petitioners are Hindus and hence, governed by the provisions of the Special Marriage Act, 1954.

The Petitioner No.1 and Petitioner No.2 are residents of India and domiciled in the State of Maharashtra. The Petitioner No.1 and Petitioner No.2 are Hindus by birth and they continue to practice and profess the Hindu religion. The Petitioner No.1 and Petitioner No.2 are legally wedded husband and wife respectively married on 18th April 2008 at Mumbai according to the Special Marriage and Customs under the Special Marriage Act 1954. The said marriage is registered under the Registration of Marriage Act, a copy of the said marriage certificate is hereto annexed and marked Ex.”A”. The Petitioners have been also in possession of the photograph of marriage ceremony. Hereto annexed and marked as Ex.”B” (colly.) are two photographs of marriage ceremony. The Petitioner No.1 and Petitioner No.2 have in their possession Aadhar Card No.5647 8923 1456 and 2789 3456 8901 respectively. Hereto annexed and marked Ex.”C” and Ex.”D” are copies of Aadhar Card of Petitioner No.1 and Petitioner No.2 respectively.

The Petitioners state that prior to their marriage on 18th April 2008 the Petitioner No.1 was a bachelor and Petitioner No.2 was a spinster. The maiden name of the Petitioner no.2 was Priya Mohan Gupta.

There are two issues out of the marriage one is the son by name Arjun aged 14 and ½ years born on 25th September 2010 and at present the said Arjun is studying in 9th standard. The another issue of marriage is the daughter by name Kavya aged 12 years born on 15th March 2012 and at present studying in 7th standard.

Let me tell you what you should not do:

• Do not omit exhibit references 
• Do not forget to establish legal standing and a jurisdiction basis
• If there are any children from that marriage, then do not skip mentioning them. (crucial for custody considerations)
• Be specific about legal provisions

AI had properly structured the exhibit references and used correct legal terminology. The phrase “issues out of marriage” for children showed it understood legal drafting.

Step 3: The heart of the matter

This is the prompt that I gave: 

“Draft the separation narrative and legal compliance statements. Explain how the marriage started cordially in Mumbai but deteriorated due to temperament differences, habits, taste, mental incompatibility and adjustment issues. Despite best efforts, differences increased leading to mutual decision to separate. They’ve lived apart since 10th February 2020 at their respective current addresses. Reference consent terms in Ex.E covering child custody, education expenses, and alimony. Include all mandatory legal declarations: no other petitions filed, no collusion, no coercion/fraud/undue influence, no impediments, no unnecessary delays, and no claims beyond the consent terms.”

This is where many lawyers struggle, explaining the separation without making it sound resentful while ensuring all mandatory legal declarations are included.

This is the result that was generated by Claude:

The Petitioners state that after their marriage, the Petitioners lived and cohabitated together in Mumbai. The Petitioners state that after their marriage the relationship between them was initially cordial but with the passage of time the relationship between the Petitioner No.1 and Petitioner No.2 started deteriorating due to the differences in temperament, habits and taste mainly increasing mental incapability, incompatibility and adjustment. Inspite of the best efforts, the Petitioner No.1 and Petitioner No.2 did not succeed in improving the relationship but day by day the differences started increasing. Ultimately after a very serious consideration both the Petitioners out of their free will and accord decided to separate and get their marriage dissolved by mutual consent. Since 10th February 2020 the Petitioner No.1 and Petitioner No.2 have been living separately. The Petitioner No.1 is living at 45, Sunrise Apartments-B, Linking Road, Mumbai – 400050 and the Petitioner No.2 has been living at 78, Green Valley Complex, Carter Road, Mumbai – 400050.

With regard to the custody of children and their educational expenses and the alimony to be paid to the Petitioner No.2, the parties have arrived at the consent terms a copy of which is hereto annexed and marked Ex.”E” and this Hon’ble Court will be pleased to incorporate the consent terms in the final decree of divorce that may be passed.

The Petitioner No.1 and Petitioner No.2 state and declare that save and except what is mentioned in consent terms Ex.”E” hereto, they have no claim of any nature whatsoever by one against the other.

The Petitioners have not filed any other Petition with regard to the subject matter of this Marriage in this Hon’ble Court or in any other Court.

The Petitioners submit that there is no collusion as the Petition is for Divorce by mutual consent.

The Petitioners state that there is no coercion, fraud or undue influence on either of the parties at the time of filing of the Petition.

The Petitioners state that there is no impediment to the dissolution of the marriage and the Petitioners further state there are no legal grounds for which the reliefs prayed for should not be granted.

The Petitioners state that there has not been unnecessary or improper delay in presenting this Petition.

Let me tell you what you should not do:

• You need not make the separation sound dramatic (remember this is mutual consent, not contested)
• Do not miss out on any mandatory legal declarations
• Give reference to the settlement agreements (consent terms)
• You need not be too specific about personal details. You can keep it legally sufficient but dignified

Step 4: Bringing it all together

This is the prompt that I gave:

 “Complete the petition with jurisdiction establishment, procedural elements, and formal conclusions. Establish court jurisdiction based on marriage and last cohabitation in Bombay. Include Rs.100 court fees and document list reference. Draft prayer requesting divorce decree under Section 28 for the 18th April 2008 marriage, incorporation of consent terms Ex.E, and any further orders. Date the petition 25th August 2024 at Mumbai with both parties’ signatures. Add advocate representation by M/s.K.L.Agarwal & Associates through Mr. Vikram S.Jain. Include verification sections for both doctors with their complete details, declaring truthfulness of statements – Dr. Rajesh Kumar Sharma’s and Dr. Priya Rajesh Sharma’s both at Bombay.”

The final step involves establishing jurisdictional authority, specific relief requests, proper dating, signatures, and legal verification. This ensures the document meets all procedural requirements for court filing.

This is the result that was generated by Claude:

The Petitioners state that the marriage was solemnized on 18th April 2008 at Bombay. The Petitioner No.1 and Petitioner No.2 last resided together as husband and wife at Bombay. Therefore, this Hon’ble Court has jurisdiction to entertain try and dispose of this Petition.

The Petitioner pay Rs.100/- of court fees.

The Petitioners will rely on the documents a list whereof is hereto annexed.

THE 1ST PETITIONER AND THE 2ND PETITIONER THEREFORE HUMBLY PRAY :-

a) That the marriage between the 1st Petitioner and the 2nd Petitioner solemnized on the 18th April 2008 according to be dissolved by a decree of divorce under Section 28 of the Special Marriage Act, 1954.

b) Consent Terms Ex.”E” hereto be incorporated and formed part of the Decree that may be passed.

c) Any such further Order.

Mumbai

                                                                                   

                                                                                                                                                    

For_________________

Advocates for Petitioner No.1 and Petitioner No.2

 VERIFICATION

I, Dr. Rajesh Kumar Sharma Aged 48years Occupation: Medical Practitioner Bombay Indian Inhabitant the Petitioner No.1 above named, his residing at residing at 45, Sunrise Apartments-B, Linking Road, Mumbai – 400050 solemnly declare that what is stated in foregoing paragraphs is true to my own knowledge.

Solemnly declared at Bombay 

Dated this _____ day of ______ 2024      

For _____________________

Advocates for Petitioner No.1

          VERIFICATION                                                  

I, Dr. Priya Rajesh Sharma Aged 46years Occupation: Medical Practitioner Bombay Indian Inhabitant the Petitioner No.2 above named, his residing at residing at 78, Green Valley Complex, Carter Road, Mumbai – 400050 solemnly declare that what is stated in foregoing paragraphs is true to my own knowledge.

Solemnly declared at Bombay 

Dated this _____ day of ______ 2024

For ____________________

Advocates for Petitioner No.2

Let me tell you what you should not do:

• You need to show why this specific court has jurisdiction
• Do not skip the court fees information. It is a procedural requirement
• Do not skip the verification section 
• Be careful when mentioning dates
• You also need to mention the attorney’s information

And there it is! A complete, professionally drafted divorce petition that would have taken me hours to create manually was ready in less time. 

As I mentioned earlier, the real work begins when I started refining the draft that was generated by AI. I have made manual edits in red so that you know what additions or deletions I am making.

Conclusion

So there you have it! My journey from avoiding family law cases to successfully drafting a mutual consent divorce petition using AI for Dr. Rajesh and Dr. Priya Sharma. 

Here is what I want you to remember from this entire adventure: AI is incredibly powerful, but it is not magic. Think of it as that brilliant junior you always wanted, one who never gets tired, formats perfectly, and remembers every legal provision. But just like any junior, it needs your guidance, your experience, and your human touch.

That evening, when I first used Claude.ai for Sharma’s petition, I had no idea I was embarking on a journey that would change how I approach legal drafting forever. 

Today, AI is an integral part of my practice, but I am still the lawyer making the decisions.

Are you ready to revolutionise your legal practice? Start with one document, follow the steps I have shown you, and remember, behind every great AI-generated document is a lawyer who knew exactly what to ask for.

Trust me, once you master this approach, you will wonder how you ever practiced law without it. Now go ahead, give it a try, and let me know how your first AI-assisted petition turns out.

Frequently asked questions

1. Can a mutual consent divorce petition be filed if one party withdraws consent later? 

No, mutual consent must persist until the final decree. If one party, like Dr. Priya Sharma, withdraws consent during the cooling-off period, the petition may be dismissed.

2. What role does the cooling-off period play in a mutual consent divorce? 

The cooling-off period is typically required after filing the petition to allow reconciliation between the husband and wife. 

3. Can AI draft the entire divorce petition in one go?  

No, avoid single prompts for the entire petition, as they risk errors. Break it into steps, like in the Sharmas’ case: (1) header, (2) legal authority, (3) separation narrative, (4) jurisdiction and prayers. Separate prompts ensure accuracy and compliance, preventing the mistake of inadequate drafting.

4. What if the AI-generated petition contains errors? 

AI may misformat sections or miss nuances. In the Sharmas’ case, I reviewed Claude’s output to refine it. Therefore, it is always advisable to proofread, verify facts, and consult a senior to review it.