Consent Order Guide
A consent order is a court order based on an agreement between both parties. It has the full force of a court order while allowing you to control the terms through negotiation.
What is a Consent Order?
A consent order is a court order that both parties have agreed to. Unlike orders made after contested hearings, consent orders reflect the parties' agreement but still require judicial approval. They combine the flexibility of agreement with the enforceability of court orders.
Control: You negotiate and agree to the terms rather than having a judge impose them.
Enforceability: Once signed by a judge, it's a full court order with all enforcement mechanisms.
Finality: Generally harder to change than agreements, providing certainty.
Efficiency: Much faster and cheaper than going to trial.
When to Use Consent Orders
Uncontested Divorce
Convert your separation agreement into enforceable court orders as part of divorce
Agreed Changes
Modify existing orders when both parties agree to new terms
Settlement of Dispute
Formalize settlement reached through mediation or negotiation
Initial Orders
Obtain court orders without contested hearing when parties agree
How to Obtain a Consent Order
- Clear, specific terms both parties agree to
- Numbered paragraphs for each provision
- Consistent with applicable laws
- Includes effective date and review provisions if applicable
- Both parties sign consent section
- Include lawyer signatures if represented
- Attach separation agreement if incorporating terms
- File draft order with court clerk
- Pay any applicable filing fees
- Include all required supporting documents
- Judge reviews for fairness and legality
- Must meet best interests of children standard
- Judge signs if approved or requests changes
Common Mistakes to Avoid
Don't Do This
- Deviating from Child Support Guidelines without reason
- Using vague or ambiguous language
- Omitting necessary provisions (e.g., cost of living adjustments)
- Filing without both parties' signatures
- Failing to attach required supporting documents
Do This Instead
- Follow Guidelines or explain deviations clearly
- Use clear, specific, measurable terms
- Include all necessary clauses and contingencies
- Ensure both parties have signed consent
- Attach financial statements and separation agreement
Frequently Asked Questions
Streamline Your Uncontested Divorce
Splitifi helps you prepare consent orders with templates, automated document generation, and guidance to ensure court approval of your agreed terms.