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Definition Consent - a general term used to mean an agreement, particularly in conjunction as an affirmative defense to tort claims including assault, battery, trespass and fraudulent conversion.

Application in Divorce Upon divorce, one spouse may consent to the grounds and consent to the relief being requested to the court by the filing spouse. An uncontested divorce is said to be a consensual divorce, because both spouses desire to terminate the marriage.

In an uncontested divorce, the non-filing spouse (respondent or defendant) can consent to the divorce by filing an appearance which states he or she agrees with what is stated and asked for in the Petition or Complaint. If he or she refuses to file an appearance within the required time (typically 20-30 days), the divorce will proceed by default and eventually be granted as if the non-filing spouse gave his or her consent.

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Signing and Filing a Waiver of Consent and Appearance
Since the purpose of this type of document is to consent to a filed Petition or Complaint for Divorce, it must be signed and filed after the Petition or Complaint is filed. If it is filed at the same time you risk having your case dismissed.

Contributed on 6/20/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)

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