Can we file the Consent Decree after a Default Decree?

Posted by on Jan 11, 2016 in Family Law | No Comments

Below is a question that we recently received from a client and Attorney MacLeod’s response: (The Client’s question is in italics)

Can we file the consent decree after she filed for a default decree? Can we take the consent decree directly to the judge?

I have been serve summons, didn’t respond to the summons, ex has filed for a default decree and will call to set up to see the judge. I talked to her after she filed for a default and reach and agreement for a consent decree

Thank you for the questions and comments. So we are clear; do you have a hearing set before a judge? You mention a call to setup to see the judge. Does that mean there is a court-ordered dates where you are going to call the judge?

It is possible that you and your partner could come to an agreement on all of your issues BEFORE you talk to a judge. If that happens, then you could create a consent decree between the two of you. The judge would probably prefer that.

BUT be careful if that is what is occurring. There could be items in the consent decree that are not good for you. Also, the consent decree needs to be in writing with every possible issue in her divorce petition clearly settled.

If you find yourself in a similar situation, then please contact MacLeod Peterson for a free initial consultation.

Leave a Reply