Legal Definitions - consent divorce

A consent divorce is a type of divorce where both parties agree to end their marriage and go to a specific jurisdiction to obtain the divorce. This type of divorce is only valid if at least one spouse is domiciled in the jurisdiction where the divorce is granted.

For a long time, both parties had to agree to a divorce for a court to grant it, unless there was a specific reason like adultery or abuse. Nowadays, every state has laws that allow for a no-fault, single-party divorce that can be obtained without the other spouse's consent. However, some people still prefer a consent divorce because it can allow them to skip the waiting period that is required for a no-fault, single-party divorce.

John and Jane have been married for ten years, but they have grown apart and want to end their marriage. They both agree to get a divorce and decide to go to a jurisdiction that allows for a consent divorce. They file the necessary paperwork and attend a hearing where the judge grants their divorce because they both consented to it.

This example illustrates a consent divorce because both parties agreed to end their marriage and went to a specific jurisdiction to obtain the divorce.