A mutual consent divorce occurs when both spouses agree to the divorce, and there is no waiting period required. Both must sign an agreement that resolves property, assets, and the custody of any minor children in common. Because there is no waiting period, or any sort of required separation period, this option is optimal for couples who are both in favor of divorce and do not wish to sustain two households for an extended period of time. However, the settlement agreement must include information on all shared assets, marital property, and child custody and child support guidelines—even if there is an agreement to not divide up that property and simply allocate it to one party.
