What Are Family Law Consent Orders in North Carolina

If you’ve decided to move forward with a divorce, you’ve probably had your share of difficult moments leading up to that decision. The last thing you need after you have made that decision and feel ready to move forward is to add additional stress to your life. Understandably, you probably want to do all that you can to ensure that the divorce process goes as smoothly as possible. The good news is that now, more than ever before, there are ways to do that. Increasingly, couples are choosing to resolve their divorce-related issues almost entirely outside of a courtroom. Drafting a consent order is one way to do that. Let’s take a closer look together at what these orders are and why one might be helpful. 

What is a Family Law Consent Order? 

In essence, a family law consent order is a legally binding agreement between a couple going through a divorce that addresses and resolves the important issues in the divorce. These issues may include child custody, spousal support, child support, or other related issues. Typically, this agreement is reached outside of the courtroom. A consent order differs from a separation or divorce settlement agreement in one important aspect – it is submitted to the court for approval after it is drafted and signed. 

One reason many couples prefer a consent order is that, once drafted, signed, and submitted to the court, it has the same legal standing as an order entered by the court itself. This means that if the order is violated in the future, the penalties and enforcement mechanisms will be the same as for a violation of an order that the court initially entered. This often provides peace of mind and serves as an incentive for both spouses to abide by the agreement’s terms.  

Why Negotiate Out of Court? 

In North Carolina and across the country, couples are increasingly choosing to resolve their divorce-related issues outside of court. There are many advantages to doing this. There are the obvious advantages of saving time and money and reducing stress. Typically, negotiations outside of court are much more efficient and effective than prolonged litigation in an already overburdened court system.  

Another of the most important reasons to consider resolving issues outside of court is that it truly gives you the freedom and flexibility to work with your spouse to find solutions that work best for your family and your future. Although many judges have the best of intentions, the truth is that they have many cases to consider. You and your spouse have only one case to consider – and that makes an important difference.  

When you choose to work together to resolve your issues, you can spend time thinking through what really matters to each of you and how you can reach a compromise that is satisfactory for both of you. After all, you and your spouse know your family better than anyone else. You understand your routines, home environment, and your children’s needs. Working together to craft solutions that address those needs is invaluable.  

Options for Out-of-Court Negotiations 

If you and your spouse are interested in resolving your issues outside of court, the good news is that there are a number of options available. Three of the most common include: 

• Mediation: Mediation involves each spouse, and often their attorneys, meeting with a mediator in a neutral location. Often, the mediator will meet with each spouse separately to discuss the issues and the spouse’s goals with regard to each of those issues. Then the mediator will meet with the parties together and assist them in the process of communicating openly and cooperating effectively to reach results. If the parties are able to reach an agreement on the issues, they can put that agreement in writing and sign it. Once the agreement is signed, it is a binding contract, but as we have noted, it can also be submitted to the court for approval as a consent order. 

• Collaborative Law: Although collaborative law is a relatively new form of alternative dispute resolution, it is becoming increasingly popular. As with mediation, the parties meet together with their attorneys in an agreed-upon location. In a collaborative law scenario, both attorneys should be trained in the collaborative law process. Although the process has a number of rules, perhaps the most important is that if the parties are unable to reach an agreement, the attorneys for both sides agree to withdraw from the case rather than go to court. This serves as an incentive for the parties and the attorneys to work diligently toward reaching agreement on the issues. Much like mediation, collaborative law consists of the parties being willing to compromise when necessary to reach an agreement. 

• Lawyer-led settlement negotiations: As with mediation and collaborative law, the goal of lawyer-led settlement negotiations is ultimately to reach an agreement on the various issues in dispute between the parties. Instead of the parties meeting directly, the lawyers communicate after speaking with their clients. Again, the goal is to cooperate and find compromises to reach solutions that work well for everyone involved. 

These are only a few of many ways that an agreement might be reached outside of court. Depending upon your particular situation, there may be other options as well. Consulting with an attorney regarding your circumstances and what might be best is always advised. 

What Happens if a Consent Order is Violated? 

This is a question we are often asked, and being clear on the answer is important. If you and your spouse reach an agreement that you submit to the court for approval as a consent order, that order is binding on each party just as a court order would be. This also means that when it is violated, it is treated just as a court order would be. The party committing the violation may be held in contempt, which can carry significant legal penalties, including fines, loss of parental privileges, and other consequences. For this reason, it is always important for both parties to follow the terms of the order as closely as possible.  

If modifications are needed, it is always important to discuss your desired changes with your ex-spouse and draft a new order if necessary. If your ex-spouse is unwilling to do so, you may seek modification from the court. Either of these options is far better than simply disregarding the order.  

Understandably, all of this information about negotiating agreements and entering consent orders may seem complicated. You may wonder which option is best for your particular situation. If you feel this way, it’s understandable. The law can be confusing at times – but the good news is you never have to interpret the law alone. At the McCrary Pack, we’re here for you.