A consent divorce refers to a divorce granted where both parties agree to the divorce, and both go to a particular jurisdiction to obtain the divorce. This type of divorce is not valid if neither spouse is domiciled in the jurisdiction where the divorce was granted.
Historically, consent from both parties was necessary for a court to grant a divorce in the absence of “fault” such as adultery or abuse. In modern days, every state has passed legislation allowing for some form of no fault, single-party divorce which can be obtained without consent.
Nonetheless, consent divorce may still be appealing to some parties because obtaining a no-fault, single party divorce frequently requires a waiting period where the spouses can not live together. Consent divorce, in jurisdictions where it is permitted, can allow spouses to skip the waiting period.
[Last updated in August of 2022 by the Wex Definitions Team]
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