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Simple English definitions for legal terms
consent divorce
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A quick definition of consent divorce:
A consent divorce is when both people who are married agree to get a divorce and go to a specific place to make it official. This type of divorce is only valid if at least one of the people getting divorced lives in that place. In the past, both people had to agree to get divorced unless one of them did something really bad like cheating or hurting the other person. Nowadays, some places let one person get divorced without the other person's agreement, but it can take a long time. Consent divorce is a way to get divorced faster if both people agree.
A more thorough explanation:
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.