When a marriage has broken down and both spouses agree to part, a mutual consent divorce is usually the quickest and least painful path. It avoids a contested trial and lets the couple settle maintenance, custody, and property by agreement.
The two-motion process
- Both spouses file a joint petition stating they have agreed to divorce.
- The court records the first motion and statements.
- A cooling-off period follows (which courts may waive in suitable cases).
- The second motion is filed and the decree of divorce is granted.
Settle the terms in writing first
Agree on maintenance, custody, and return of belongings before filing. A clear settlement avoids last-minute disputes that can derail the petition.
It varies by court and case. The cooling-off period can sometimes be waived, which shortens the timeline considerably.