Who can file for Mutual Divorce? MUTUAL DIVORCED  Who can file for mutual divorce? who can file for mutual consent divorce in raipur chhattisgarh India. This article is applicable for Hindus, Christians, Parsis and people who got marriage under Special Marriage Act. Decision Consensus on terms Separation period Divorce before one year of marriage Decision The first criteria for filing a mutual divorce case is that husband and wife must have finally decided to divorce each other. If any one of them (husband or wife) is finally sure of divorce, then mutual divorce can happen. Taking such a decision can be tough and the parties may take help of family members, friends or marriage counsellors in making such a decision. Consensus on terms Once the husband and wife have finally decided to divorce, the next requirement for mutual divorce is that the husband and wife must be ready with their mutually agreed terms on: The custody of the children (if any). One party can have permanent custody and the other can have meeting rights. How will they support the finances of children (if any). The exact amount of alimony (one-time payment) against each other (if any). The exact amount of maintenance (monthly payment) against each other (if any). Distribution of their joint assets (if any). There is a common misconception that courts decide on the terms of mutual divorce. However, this is not the case when parties file for mutual divorce.