Consent Order


#1

A consent order is a court order, which is ordered by a judge or entered with the consent or both both parties. It is public and modifiable and enforceable using the contempt powers of the court.

A Separation Agreement is a private contract between two parties that is private and is modifiable only according to the terms of the Agreement. It is enforceable by filing an action for breach of contract.

If you have resolved all of your issues regarding child support, alimony, child custody and equitable distribution, the the only thing remaining is the divorce.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

If a consent order has been given to the STBX Attorney for final review and signatures prior to going to the Judge (order was created via phone conversations between my Attorney and the STBX Attornery including herself), what would keep the Attorney and/or STBX from using delay tactics before the final divorce decree is issued.

A Lawsuit was filed for ED and the results was to negotiate for a
consent order.

If a reasonable amount of time has gone by and have not heard any responses, is there anything that I can do to mitigate delay tactics.

bc


#3

I would speak with your attorney and see what they recommend you should do in this particular case. It may not be stall tactics it may be simply that they have not had a chance to finalize it yet. Usually both sides have an incentive to sign the Agreement because if they do not, the legal fees continue to mount. I do not know how long you have been waiting, but I know it is hard to be patient in times like this.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

What is the difference between a consent Order and a separation agreement. The consent order is to be signed by a Judge for Equitable distribution and defines also other aspects of a separation agreement (Taxes, Insurances, …etc.)

If a Judge signs a consent Order, is the only thing left for the final divorce is to file the paperwork at the end of 1yr and 1 day??

bc