questions & answers

Question: I just filed for divorce and filed the proof of service at the central courthouse. My husband and I decided that we will provide the consent decree for divorce, but I was curious about the portion that directs us to pay a response fee. How and when do we pay that? Does he need to submit a response if we are going to do the consent decree for divorce?

Answer: A consent decree is simply a decree that tells the court both parties have agreed on settlement terms.  It does not alleviate the other procedural requirements. There are two ways to approach this.  If your husband fails to file a response, you then request a default hearing.  The judge grants a dissolution by default.  That is not really a consent decree.  It means husband has no input into the divorce terms.  Another route is for husband to file his response, indicating that you are both in agreement on the terms.  He can set out the terms he agrees on. Then, you work together to draft a consent decree.