The Importance of a Consent Order When Filing for a Divorce

Divorce isn’t something we like to think about. No one gets married thinking they will eventually separate. Unfortunately, it does happen, and it brings a lot of confusion.

For instance, you need to figure out how everything will be split when going through a divorce. This includes assets, child custody, debt, and more. There are several ways to go about this, one of the best being a consent order. 

We’ll go over everything you need to know about this option here. 

What is a Legal Separation?

Legal separation is an arrangement made between married couples that allows them to live separately while remaining legally married. This means the couple will still be bound by certain legal obligations, such as financial responsibilities and shared property. However, they will no longer have the same rights and privileges that come with a traditional marriage. Also, when it comes to filing for legal separation, it is similar to filing for divorce, as it involves navigating the court system and filling out legal paperwork. You will need to file a petition with the court and serve your spouse with a copy of the paperwork. The court will then schedule a hearing where both parties can present their case.

What is a Consent Order?

When it’s time to divvy up your assets, you need to get in touch with a divorce lawyer. They’ll go over consent orders– documents that outline an agreement between you and the person you are divorcing. The agreement is usually in regard to child custody and visitation, how personal belongings are split up, who takes on what debt, who takes how much money from investments and savings, and any other assets that may be involved.

The agreement is signed by both of you and then presented to the judge to become a legally binding court order. It’s a way to settle outside of court before the final hearing. However, don’t agree to a consent order if you don’t intend to uphold it, as failure to do so can result in hefty fines and even jail time.

You can file the document yourself after it’s signed, but it must be drafted with the help of a lawyer.

Do You Have to File a Consent Order?

Legally, no. Plenty of divorces are finalized without consent orders. However, the alternatives aren’t as convenient. This agreement is much cheaper, easier, and faster than fighting it out in court. It also means that there can’t be future lawsuits regarding the separation unless the consent order is breached. 

This means that if you and your soon-to-be-ex can agree on the terms, a consent order may be the way to go.

Is a Consent Order Legally Binding?

Yes, these are legally binding and enforceable. This document is a formal contract, and not adhering to it is against the law. Breaking it will put you in contempt of the court. However, consent orders are only legally binding if a judge approves them. This means that even if the order is drafted if it was not presented to the court, it doesn’t count.

What Happens if a Consent Order is Violated? 

If you think that the order has been breached, you must fill out a form explaining why. Like every other step here, it’s best to get a lawyer’s help on this. If the court accepts the form, then the one who violated the contract will be ordered to correct the problem in a certain amount of time. If they fail to do so, then the court will sentence them with a fine or imprisonment.

Before you fill out the form, try to work out the problem with the other person first. If the contract was violated accidentally, self-correcting is a much easier fix than trying to sue. A lawsuit will cost both of you a lot of time, energy, and money. This isn’t the kind of thing you should try if you aren’t sure you have a case.

The Bottom Line

Divorce can be upsetting and a stressful time for everyone involved. Consent orders are a legal way to keep some of that stress to a minimum. If this is the path you plan to go down, finding a good lawyer to help you out will make the process much smoother so that, afterward, you can get on with your life.