Procedures for Divorce by Mutual Consent

By Jennifer Williams

The quickest and easiest divorce is a divorce where both parties agree to everything before ever setting foot inside a courtroom, i.e. a divorce by mutual consent. When there is nothing to fight about, the court only needs to sign off on the agreement the parties already made regarding property division, spousal and child support, and child visitation.

The quickest and easiest divorce is a divorce where both parties agree to everything before ever setting foot inside a courtroom, i.e. a divorce by mutual consent. When there is nothing to fight about, the court only needs to sign off on the agreement the parties already made regarding property division, spousal and child support, and child visitation.

Consent Petition

In a divorce by mutual consent, the parties complete a single consent petition. Generally, the consent petition tells the court both parties want the divorce and there are no contested issues as to property division, support or responsibilities to any minor children. The consent petition must be signed by both parties and notarized before being filed with the appropriate court where the parties live.

Divorce is never easy, but we can help. Learn More

Property Settlement and Parenting Plan

Some jurisdictions require a consent property settlement and parenting plan to accompany the consent petition. A property settlement details division of all the real and personal property owned by the parties and any spousal support the parties have decided upon. A parenting plan describes support and visitation for any minor children of the marriage. Both documents must be signed by both parties and notarized before they are filed with the petition.

Motion to Set Hearing

The judge assigned to the divorce case must sign off on the consent petition to finalize the divorce. File a motion for a hearing to bring the petition before the judge. The motion is a formality as the court will grant a specified hearing date.

Court Appearance

Some jurisdictions require both parties to appear before the judge so that he may question the pair and verify, on the record, that the divorce is indeed by mutual consent. Other jurisdictions require only one party to appear and present the paperwork. Either way, once the judge is satisfied the paperwork is in order, he or she signs off on the divorce and the divorce is granted.

Divorce is never easy, but we can help. Learn More
Divorce Procedures & Documents

References

Related articles

How to Withdraw Divorce Paperwork in North Carolina

Divorce is a stressful process that often prompts a great deal of soul-searching by both parties. It is not uncommon for that soul-searching to lead to reconciliation. If the paperwork is already on file with the North Carolina courts, withdrawing it is simply a matter of asking the court for a voluntary dismissal. Voluntary dismissal causes the court to drop the case and allows the parties to refile - without prejudice - within one year.

What Happens After Filing for Divorce in Oregon?

When you file for divorce, you will complete a divorce petition. The petition asks for personal information about both you and your spouse, including your home address. In addition, you must include the terms of your divorce in the petition. For example, you will decide how to divide the marital property and child custody arrangements. Whether you and your spouse agree about the terms of your divorce will determine what occurs after you file for divorce.

Divorce Sequence of Events

Although the specific details of the divorce process vary among states, the basic framework is virtually identical. Not every divorce has to be complicated and a substantial number of couples navigate the divorce process with little conflict. Some divorce cases, however, can last for several years and be extremely complicated. If you suspect your divorce could become complicated, you may want to speak with an attorney before beginning the process.

Get Divorced Online

Related articles

What Happens After You File for an Uncontested Divorce in Georgia?

An uncontested divorce in the state of Georgia requires the agreement of both spouses as to property division, spousal ...

Is a Divorce Decree Supposed to Be Signed by the Petitioner & the Respondent?

Ending a marriage involves terminating a personal relationship as well as a legal one. To obtain a legal divorce, one ...

What If He Refuses to Sign the Divorce in Oklahoma?

The simple answer to the question is: Yes, you can get a divorce even if your spouse refuses to sign any documents. ...

How to File for Child Custody in South Carolina

A South Carolina parent can file for child custody as part of a divorce proceeding or, if unmarried, as part of a ...

Browse by category
Ready to Begin? GET STARTED