When I went to the clerk of courts office to get some of the paperwork to start the divorce proceedings, I informed them that all of the property, child and spousal support issues had already been resolved through a consent order last year. I thought that when I filed the divorce papers, the consent order paperwork would be attached. So the clerk asked whether I was going to file the divorce papers under the previous file number or file this as a new case. Does it matter? Is it beneficial to file one way over another? Evidently, there is an additional fee if I file under the same case # as the consent order. Thanks.
The divorce should be filed as a separate action.