Crafting Effective Consent Decrees In Family Law Matters
There’s no one-size-fits-all solution in family law matters. For some couples, the process of ending a marriage, finding a custody arrangement or negotiating alimony is not contentious and does not require time spent in court, fighting and arguing. This is where a consent decree can come in.
At The Collins Law Firm, P.C., our attorneys in Portsmouth, Virginia, can assist with this process, helping make your divorce or other family law matter get resolved as smoothly and seamlessly as possible.
What Is A Consent Decree?
A consent decree is a divorce decree resulting from an uncontested divorce or other family law issue. It is a voluntary agreement between you and your spouse that is approved by the court. If you and your spouse agree on all terms of your divorce or other conflict, issuing the consent decree is the final step in the process.
The decree will formally end your marriage or resolve the family law matter. This document outlines several things, including a statement verifying your solution complies with all state laws and the terms of your resolution or separation agreement (i.e., how property was divided, custody arrangements and any support orders like child support or alimony, if applicable). The decree will also include your case number, the type of divorce or family law issue, and confirmation that you and your spouse are both adults.
The Benefits Of A Consent Decree
Consent decree benefits include:
- Saving time and money and avoiding litigation
- Having more control over the agreement as you and your spouse resolve issues rather than leaving them up to a judge or the courts to decide.
- Reducing conflict and stress by creating a more amicable environment to solve problems
- Promoting cooperation and compromise between you and your spouse, which can also lead to a better path forward
Many couples opt for this path when going through a divorce. The “traditional” divorce process of litigating is not the right solution for everyone. More and more often, couples opt for an alternative, like a consent decree, when finding a solution for a family law issue.
When Is A Consent Decree Used In Family Law?
Family law situations where a consent decree can be used include:
- Divorce
- Child custody and visitation agreements
- Spousal support or alimony arrangements
- Property division agreements
Divorce is one of the most common reasons to use a consent decree. A divorce consent decree can also include provisions for other family law matters like custody and property division. Consent decrees are used when couples want a less contentious, less time-consuming and less expensive way to resolve the end of their marriage or other family law issue.
How To Obtain A Consent Decree
Getting a consent decree is relatively straightforward and similar to other alternative methods of divorce resolution. First, you need to negotiate the agreement with the other party, typically your spouse. You and your spouse will have to find and agree on solutions for any issues included in the consent decree. If filing for divorce, you’ll need to negotiate things like custody of your children, parenting agreements, property division and spousal support arrangements.
Next, your divorce attorney will draft the consent decree document and file the document with the court. Finally, the court will have to approve the decree. An experienced attorney can help make sure the court approval process is carried out successfully and smoothly. The length of time this process takes can vary, but in almost all cases it is much shorter than in a contested divorce. Generally, for these matters, couples do not even need to attend a hearing. Your divorce attorney can give you a better idea of what to expect and help ensure that this process is carried out efficiently.
How Is A Consent Decree Different From A Court Judgment?
The main difference between a consent decree and a regular court judgment is that you and your spouse are in control of the terms of a consent decree. In this process, you and your spouse determine all the arrangements and concessions involved in the marital settlement.
In a traditional, litigated divorce, the judge or court system will make decisions regarding property division, spousal support and even custody of your children for you. They do this to the best of their ability, but often both parties are left unsatisfied with this process. Opting for a consent decree gives you much more power and flexibility in determining the conditions of your divorce or other family law issue’s solution.
Do I Need An Attorney For A Consent Decree?
While this process is generally simpler and more straightforward than other forms of divorce, it’s still important to work with a legal professional when creating a consent decree. A divorce attorney can help you in several ways during this process. Your attorney can make sure your decree follows all state laws and regulations and is overall legally sound. One of our divorce lawyers can also help make sure your consent decree achieves all your goals and accounts for all your interests. We can also assist in creating the decree and filing it properly with the court.
Our divorce lawyers can also help you and your spouse figure out any lingering issues when creating a consent decree. While you and your spouse may agree on most parts of a divorce or custody arrangement, there may still be problems that come up. An experienced legal professional can provide advice and guidance through these matters. We can help you find resolutions that work.
Having an experienced, knowledgeable divorce attorney working with you can streamline this process even more. It’s important to have someone present who is familiar with the process and understands how it works. Our attorneys are well-versed in all aspects of family law and ready to answer any questions you might have about this process. We’re here to assist and help make sure your consent decree is carried out properly and efficiently. We want to help set you up for a more positive future.
Get More Information About This Process
A consent decree can be a positive solution to often contentious and stressful legal issues. If you’re thinking about opting for a consent decree to save time, money and stress, contact one of our attorneys to learn more about this process. We can evaluate your situation and help you understand your options. Get in touch today to set up an initial consultation. Call 757-818-9539 or use the online contact form to schedule an appointment and speak with a dedicated family lawyer.
Our team is here to help, and we’re ready to assist in any way we can. We have a longstanding commitment to providing excellent legal services. When you work with one of our attorneys for a consent decree, we will personally take care of your case from start to finish, with personal attention and reasonable rates.
Flat-Fee Family Law Services
At The Collins Law Firm, P.C., we are dedicated to providing the highest-quality legal services for our clients. Attorney Hollie Owen Collins is our dedicated consent decree attorney. She works on a flat-fee basis, so there are no billing surprises down the road. Ms. Collins provides responsive, accessible legal service to clients in the Portsmouth area, and she is ready to help you sort through a divorce or other family law matter. Schedule a consultation today to learn more.