When both spouses agree to end the marriage and on the terms of separation, mutual consent divorce is generally the faster, less adversarial route.
Mutual consent divorce requires that both spouses genuinely agree to separate, and that they have reached agreement on the practical terms — including maintenance, custody (if there are children), and any property matters. It is filed as a joint petition rather than by one spouse against the other.
Both spouses jointly file the petition stating they have mutually agreed to separate, and make statements before the court.
A statutory interval follows before the second motion can be filed, intended to allow for reconciliation. Courts can waive this period in appropriate cases.
If both spouses still wish to proceed, they file the second motion and make final statements confirming their consent.
The court grants the decree of divorce, formally ending the marriage.
The length of the cooling-off period, and whether it can be waived, depends on the facts of the case and current court practice — we advise on this specifically rather than quoting a fixed number.
It's best to settle the key terms — maintenance, custody, property — before filing, since the petition is meant to reflect genuine agreement. We can help you reach and document that agreement first.
Courts have discretion to waive the statutory interval in appropriate circumstances. Whether that applies to you depends on your specific facts; we'll advise honestly rather than assume it in every case.
Mutual consent depends on both parties consenting at each stage. If one spouse withdraws consent before the decree, the matter may need to proceed as a contested case instead — see contested divorce.
We'll help you document fair terms and file the joint petition correctly.