Divorce by Mutual Consent Explained

divorce tips how to divorce Mar 07, 2019

Today I want to talk to you about divorce by mutual consent and what that means. I’ve helped thousands of people go through the divorce process during my 20 years as a family law attorney.   

When you have a divorce by mutual consent it means that you and the other party are in perfect agreement with how your case is going to be resolved.  In other words you and the other party have no disputes on how children are going to be settled with custody and parenting time with your kids.

You have no disputes about how assets and debts are going to be divided.  You are in absolute and perfect agreement. When you proceed in your divorce by mutual consent all of those agreements are put into writing and put into a form that’s accepted by the court wherever you are located.  That form is typically called a ‘consent decree of dissolution’.  You put all of your agreements in the consent decree and you get it into a form you both approve. 

Each of you will sign the consent decree and if you have divorce attorneys, those attorneys will have reviewed and will have made changes, and they will also sign it. Once everyone has signed the consent decree you send it down to the judge and he or she will look at it and determine if there are any legal or fairness problems with it. If there are children involved, the judge will determine if it is in the best interest of the children.  If there are no issues, the judge will sign off and you will be divorced.  It can be as simple as that.

If you and the other party are proceeding by mutual consent, often times it’s not necessary for you to set foot into a courtroom.  I’ve had that happen in many instances. There are a lot of advantages to reaching agreements and making compromises in a divorce.  You can avoid the mud slinging and hostile ugly litigation.

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