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Confusion on Decrees

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Propellerhead7

Junior Member
What is the name of your state? Massachusetts

Divorce served by wife in Arizona.
What is the difference between a "Consent Decree" and a "Default Decree" ?
Does a "Consent Decree" become a "Default Decree" if the respondent doesn't pay the respondent filing fee?

There is a great deal of confusion on this matter between the two parties, and would appreciate some advice.

Thanks.
 


Perky

Senior Member
This definition:
consent decree: An agreement of the parties made under the sanction of the court to be bound by certain stipulated facts.
From this website:
http://www.massbar.org/about-the-mba/press-room/journalists'-handbook/24-glossary

I believe that a default decree is entered when the respondent doesn't respond to the service. The other party is granted the divorce under the terms specified without agreement/input from the respondent. Even in an amicable divorce, this seems a little dangerous for the respondent (or should I say, 'nonrespondent'?)

If I'm wrong, I'm sure one of the seniors will correct me.:)
 

BL

Senior Member
From a google search :

Massachusetts permits both "fault-based" and "no-fault" divorces. Fault-based divorces - in which one party is blamed for the breakdown of the marriage - may be awarded on grounds of:
Cruel and abusive treatment
Utter desertion continued for one year
A prison sentence of five years or more
Confirmed habits of intoxication by the use of liquor, opium or other drugs
Refusal or neglect to provide suitable support and maintenance for the other spouse
Adultery
Impotency
___________________________

The Appearance, Consent and Waiver is a document you can use to eliminate much of the paperwork and often considerable expense from the process of obtaining a divorce. With this document the spouse who is not designated as the petitioner/plaintiff officially makes a legal appearance and consents to the jurisdiction and venue of the court. This spouse (referred to as the respondent/defendant) also waives his or her right to findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal.

Once the spouse who will act as respondent/defendant has signed this form, no further action by that spouse should be necessary for the remainder of the divorce process.
 

Propellerhead7

Junior Member
AZ "Response" vs. "Response Fee" -- Difference?

Thank you for your responses.

As stated previously, the divorce rules and regulations are governed by the Superior Court of Maricopa County, AZ.

The confusion stems from the fact that the petitioner believes they filed for a Default Decree, where the petitioner and respondent signed and had notarized a Consent Decree. The respondent had never signed and notarized an Appearance, Consent, and Waiver document of any kind, relative to the case.

The petitioner is adamant that the respondent need not pay the filing fee (which is clearly listed in this link as a must do for Consent Decree approval: http://www.superiorcourt.maricopa.gov/sscDocs/pdf/dr71p.pdf), and the Consent Decree will be finalized as a divorce by default (hearing).

Is the petitioner confusing the required "Response Fee" for a Consent Decree for a "Response" ?

Better yet, if the respondent doesn't pay the "Response Fee" within the 20~30 days after being served, does this allow for the divorce to be finalized by default, just as the petitioner believes ?

Thank you in advance for your responses.
 
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