What is “mutual agreement” in Divorce

Divorce by mutual agreement is the fastest and most viable way for the legal cessation of the marriage, as well as its effects since it is carried out with mutual consent. Although it is not necessary to allege a cause to process the divorce, it is necessary to attach a proposed regulatory agreement regarding children and the distribution of assets.

To begin a divorce process by mutual agreement with children and common property and the codes related to Explore each state’s guidelines for child support below

StateChild Support GuidelinesGuideline Model
AlabamaRule 32. Child Support GuidelinesIncome Shares
AlaskaAlaska R. Civ. P. 90.3Percentage of Obligor’s Income
ArizonaARS § 25-320Income Shares
ArkansasAR Code § 9-12-312Income Shares
CaliforniaCA Fam Code § 3900 – § 3902Income Shares
ColoradoCO Rev. Stat. § 14-10-117Income Shares
ConnecticutCT Gen. Stat. § 46b-84Income Shares
DelawareDE Code § 508Melson Formula
FloridaFL Stat. § 61.29 and § 61.30Income Shares
GeorgiaGA Code § 19-6-15Income Shares
HawaiiHI Rev Stat § 576D-7Melson Formula
IdahoID Code § 32-706Income Shares
Illinois750 ILCS 5/505Income Shares
IndianaIN Code § 31-16-6-1Income Shares
IowaIA Code § 598.21ABIncome Shares
KansasKS Stat § 23-3002 and § 20-165Income Shares
KentuckyKY Rev. Stat. § 403.211 and § 403.212Income Shares
LouisianaLA Rev Stat § 9:313§ 9:315.2§ 9:315.8, and § 9:315.14Income Shares
MaineME Rev Stat 19-A §2006Income Shares
MarylandMD Family Law Code § 12-204Income Shares
MassachusettsMA Gen L 208 § 28Income Shares
MichiganMI Comp L § 552.16 and § 552.605Income Shares
MinnesotaMN Stat § 518.17 (Subd. 1)Income Shares
MississippiMS Code § 93-5-23Percentage of Obligor’s Income
MissouriMO Rev Stat § 452.340Income Shares
MontanaMT Code § 40-4-204Melson Formula
NebraskaNE Code § 42-364Income Shares
NevadaNV Rev Stat § 125.230(1)§ 425.100, and § 425.140Percentage of Obligor’s Income
New HampshireNH Rev Stat § 458-CIncome Shares
New JerseyNJ Rev Stat § 2A:34-23(a)Income Shares
New MexicoNM Stat § 40-4-11.1Income Shares
New YorkNY Dom Rel L § 240(1-b)Income Shares
North CarolinaNC Gen Stat § 50-13.4Income Shares
North DakotaND Administrative Code § 75-02-04.1 and Century Code § 14-09-09.7Percentage of Obligor’s Income
OhioOH Rev Code Chapter 3119Income Shares
OklahomaOK Stat § 43-118D(A)Income Shares
OregonOR Rev Stat § 25.275Income Shares
Pennsylvania23 PA Cons Stat § 4322(a)Income Shares
Rhode IslandRI Gen L § 15-5-16.2Income Shares
South CarolinaSC Code § 63-17-470 & SC Soc. Serv. Reg. 114-4710 to -4750Income Shares
South DakotaSD Codified L § 25-7-6.1 et seq.Income Shares
TennesseeTN Code § 36-5-101Income Shares
TexasTX Fam Code § 154.001Percentage of Obligor’s Income
UtahUT Code § 78B-12Income Shares
Vermont15 V.S.A. § 659Income Shares
VirginiaVA Code § 20-108.1(b)Income Shares
WashingtonWA Rev Code § 26.19Income Shares
West VirginiaWV Code Ch.48, Article 11Income Shares
WisconsinWI Stat § 767.511Percentage of Obligor’s Income
WyomingWY Stat § 20-2-301 through § 20-2-316Income Shares


What is a divorce by mutual agreement?

Divorce by mutual agreement, also known as express divorce, occurs when the spouses clearly express their desire to divorce. It is a faster, simpler, and cheaper judicial process than contentious divorce, making it the best option.

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It can be done before a notary, but if there is a pregnancy, minor children, or dependents of the parents, the future ex-spouses must go to Court to process their divorce. In addition, it requires the presentation of a regulatory agreement in which they express their agreement in a series of clauses.

Divorce by mutual agreement is regulated by the family court on the dissolution of marriage Law.

Requirements to process a divorce by mutual agreement

In order for an express or mutual agreement divorce to be processed, a series of requirements must be met :

  • Have been legally married.
  • Be married for at least three months.
  • Agree to the dissolution of the marriage bond.
  • Be willing to present a regulatory agreement.

Documentation necessary to begin the divorce process by mutual agreement with children and common property

To initiate a divorce by mutual agreement, the interested parties must attach the following documents :

  • Literal certifications of marriage.
  • Certifications for the birth of children.
  • Registration certificate, although it is not always requested.
  • Deeds or property documents, both movable and immovable property.
  • The regulatory agreement in which the stipulated regulations are presented regarding the measures that will govern the dissolution of the marriage. Including, among other things, those referring to the type of custody agreed upon for minor children.

Depending on each case, there is the possibility that other additional documents may be required.

What role does the Regulatory Agreement play in divorce by mutual agreement?

The regulatory agreement is an essential document in divorce by mutual agreement. Therefore, it must be attached, compulsorily, to the divorce petition. If it is not presented, it will be the judge who determines the effects of the divorce regarding children, common property, and compensatory support, among other points.

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The content of the regulatory agreement is determined by Article 90 of the Civil Code and must specify at least the following points:

  1. Minor dependent children. The regimes of parental authority, custody, visits, and communications with other family members. Likewise, alimony.
  2. Common property or heritage. It is not mandatory to liquidate the marital assets, although it is highly recommended. The regulatory agreement must establish how the distribution of common assets ( home, car…) and the obligations of marriage (loans, cards…) will be made. Generally, in most cases, if there are minor children, the family home is attributed to the spouse who maintains custody of the children.
  3. Compensatory pension. If applicable, a compensatory pension must be agreed upon and the amount established.

What is the procedure for an uncontested divorce with property?

To process a divorce by mutual agreement, it is enough to present, before the Court of First Instance, the application signed by both parties, a lawyer and a solicitor.

It can also be entered with the signature of one of the parties, as long as it is with the consent of the other. Coupled with this, the documentation required to begin the process.

Once the claim is admitted, the spouses are summoned to separately ratify their desire to divorce in accordance with the measures agreed upon in the said agreement. If one of the parties does not attend the appointment, the process will be archived.

The judge will examine the documentation issued and the content of the agreement to verify that it is not harmful to anyone. After ratification, the judge or court will issue a ruling granting or denying the divorce.

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Likewise, it will approve all parts of the regulatory agreement. In this case, a new period of 10 days is granted to make the modifications or present a new agreement.

It should be noted that this process may be extended if there are minor children or if there is a problem with the regulatory agreement.

What is the divorce process by mutual agreement with children?

When there are minor children, it is necessary to present a prior report from the Public Prosecutor’s Office to verify that the agreement does not harm the minors.

The regulatory agreement must specify all the divorce measures in relation to the children:

  1. Type of custody.
  2. The alimony.
  3. The visiting regime.
  4. Use of the family home.

If the children are over 12 years old, they can give their testimony to the judge if they have sufficient judgment. The process related to minors is carried out privately and with respect for confidentiality.

Although the procedure is usually carried out, above all, in contentious divorces, it can also occur in those by mutual agreement.

Once the judge approves the request or lawsuit, the former spouses will be summoned to a hearing, in which they must present a summary of the entire lawsuit.


Divorce by mutual agreement is faster, but also the least expensive from an economic point of view, since when it is consensual, both spouses can be represented by the same lawyer and attorney.

For this and other reasons, express divorce is the ideal process to avoid problems and endless deadlines, especially when there are minor children and common property involved.


1.What is a mutual divorce?
A mutual divorce is one in which both spouses agree to legally end their marriage and cooperate throughout the divorce process, rather than one spouse solely initiating divorce against the other’s wishes.

2.When could a woman divorce her husband in America?
Prior to the late 19th century, divorce laws heavily favored men and made it very difficult for women to initiate divorces, though grounds like cruelty, desertion, and adultery slowly became accepted reasons women could file.

3.Can I remarry my wife after divorce in USA?
Yes, there are no legal barriers to remarrying a former spouse after divorce in the United States as long as the divorce is finalized and neither party has remarried in the interim.

4.How can I get divorce from my husband?
To legally divorce your husband, you typically need to file a petition for divorce with the court stating grounds, serve papers on your spouse, and proceed through required waiting periods, disclosures, hearings and settlement negotiations.

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