The breakdown of a marriage can be a tiring and complicated process. If possible, consider getting marriage counseling to see if you can salvage the marriage. If not, you may be thinking about getting a divorce.
There are two types of divorces: contested and uncontested. A contested divorce occurs when the couple can’t agree on one or more divorce issues. These can be alimony, child support, child custody, or property division.
An uncontested divorce occurs when either both parties agree to the terms of the divorce. When both spouses agree to the divorce and its related issues, it’s considered a mutual consent divorce. Or a party didn’t respond to the petition to divorce time.
The main benefit of a mutual consent divorce is that it’s much more straightforward and can be a shorter process than a contested divorce. This makes it ideal for couples who want to separate and avoid a lengthy court battle.
A mutual consent divorce takes around four to six months if there’s no mediation or disputes. A traditional divorce may take more than a year to resolve.
A divorce by mutual consent is a divorce in which both spouses consent to the divorce.
A mutual divorce can be quicker, cheaper, and less emotionally draining than a traditional divorce. They typically require fewer legal fees because they allow spouses to dissolve their marriage without multiple court hearings and negotiations.
Divorce by mutual consent also makes co-parenting easier since it preserves the spouses’ relationship, even after the divorce.
For instance, a couple may want a mutual divorce agreement if they agree their marriage is unsalvageable. The couple may also opt for a mutual consent divorce because they want to maintain a good relationship with each other for their children.
You and your spouse need to meet the following conditions for divorce by mutual consent before you file for this type of separation:
The length of a mutual consent divorce varies depending on a variety of factors:
Here’s what you need to do to get a mutual divorce.
Once you’ve checked that you and your spouse are eligible to begin the divorce process, ask your spouse if they want a divorce.
If both spouses agree that they want a divorce, the next step depends on whether you’re in a no-fault state or a fault state.
If you’re in a no-fault state, you and your spouse can file a joint petition to divorce.
If you’re in a fault state, the spouses can’t file a joint petition to divorce. Instead, one of the spouses needs to file a complaint to start the divorce process. Depending on your state, you will need to prepare various forms to file your complaint.
The spouse filing the complaint is the plaintiff, while the other is the defendant. If you’re the plaintiff, make two copies of the complaint before heading to the clerk’s office. The office will keep one set, stamp the second, and give the third copy back to you for safekeeping.
The filing fees will depend on your state. Check your county’s court website to confirm the amount. If you have documentation proving that you’re low-income, you may be able to file for free.
You must now “serve’ or deliver the stamped second set of papers to your spouse.
Serving can happen by mail or personal delivery and requires your spouse to sign an acceptance form. It indicates they’ve been served and know the divorce petition has been filed.
After your spouse has signed the acceptance of service document, you need to make two copies of it and file it with the court before a specific deadline. This deadline varies depending on your state, but it’s usually 20 or 30 days after your spouse receives the divorce papers.
Once the court receives your spouse’s acceptance form, they will return the two copies with a stamp. The date on this stamp indicates the beginning of the waiting period. You can check the amount of time you have to wait here.
After the waiting period is over, each spouse will file an affidavit stating that the marriage is irretrievably broken and that both of you want a divorce. Each spouse may have to file other documents depending on their state.
After the affidavit and all other mutual consent divorce papers are signed, you’re officially divorced.
You can now remarry or move to another state after waiting a specific time. This period depends on your state. If you have children, the court may prohibit or restrict you from moving until they reach the age of majority.
But before you make any major life decisions, you should read the divorce decree for any orders the judge included. The judge may have included orders for child support or child custody that you and your ex-spouse need to put in place.
The judge may also order the following to protect and preserve the family:
Review the judge’s decree with an attorney to better understand what you need to do. You should also consider updating your personal and financial documents like your Last Will and Testament, Power of Attorney, and Living Will.
The cost of a mutual consent divorce depends on whether you choose to divorce with or without a lawyer or with a mediator in a collaborative setting.
If you choose to get a mutual divorce without a lawyer, your mutual divorce will not cost you that much. The fee for filing your divorce papers can vary from $100-$450, depending on your state. [2]
If you use an online service to file your papers, you may have to pay an additional amount ranging from $150 to $1,500.
If you’re going through a mutual divorce with a lawyer, your mutual divorce could cost you anywhere from $150 to $400 an hour.
Many experienced private attorneys charge high rates. If they participate in hearings about child support, marital property, and alimony, you’ll also need to pay a down payment of around $2,500 to $5,000.
If you can’t afford a private attorney, check your county’s bar association to see if any lawyers, law firms, or associations offer free or discounted services.
Another way to approach your mutual divorce is through collaborative divorce. This process is a fusion of mediation and hiring a lawyer. Lawyers from both sides will sit down with the spouses to discuss divorce issues.
If the spouses can’t agree on specific issues, they can decide to court. Most collaborative divorce proceedings start at around $10,000.
You can also choose to go through mediation. Mediation utilizes a neutral third party to help the spouses reach a consensus in their settlement agreement. The mediator can’t impose a solution on the parties, but they can help them come to a solution together.
If the parties can’t resolve their issues through a mediator, they can go to court. The average cost of divorce mediation varies but can be anywhere from $3,900 to $9,000.
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Personal & Family Editor
Gold Tetsola is a staff writer at LegalTemplates, his BA in English Literature & Language inspires him to navigate and simplify the complex issues of personal and family law.
Use our Divorce Agreement to settle divorce details outside of court.
