"Consent decree" is not an official form name in California or Florida, but people use it to mean the same thing: a divorce judgment based on terms both spouses agreed to, rather than terms a judge decided after a contested case. Here is what actually happens, and what each state calls it.
Key Takeaway: In US divorce cases, the agreed final order is generally called a Judgment (California) or Final Judgment of Dissolution of Marriage (Florida), which can incorporate a marital settlement agreement the spouses signed. It still requires a judge's review and signature; a signed agreement between spouses is not, by itself, a final judgment. Getting a copy of your finished decree afterward generally means requesting a certified copy from the court clerk, not a free instant download.
What Is a "Consent Decree" in a Divorce?
When people search "consent decree divorce," they are generally describing a divorce judgment based on an agreement the spouses reached themselves, as opposed to one a judge decided after a contested trial. Most US states do not officially call this document a "consent decree." California's final order is a Judgment; Florida's is a Final Judgment of Dissolution of Marriage. Either can incorporate the terms of a written marital settlement agreement the spouses signed.
How Is a Consent Decree Different From a Regular Divorce Decree?
The final court order looks essentially the same either way: it is signed by a judge and ends the marriage. What differs is how the terms inside it were reached.
- Agreed (uncontested) case: Spouses negotiate and sign a marital settlement agreement covering property, debts, support, and custody. That agreement is submitted with the judgment forms, and the judge reviews and signs it, usually without a trial.
- Contested case: Spouses cannot agree on some or all terms, so the case proceeds to hearings or a trial, and the judge decides the disputed terms based on the evidence presented.
Both end in the same kind of document, a signed judgment, but an agreed case generally moves faster and involves far less court time than a contested one.
How Do You Get a Consent Decree Approved by a Judge?
In general terms:
- Negotiate and sign a written settlement agreement covering property division, debts, spousal support, and (if applicable) custody, visitation, and child support.
- Complete financial disclosures, required in most states regardless of whether the case is agreed or contested.
- Submit the agreement with the required judgment forms to the court.
- The judge reviews the agreement, checking that it is not against public policy, and gives particular scrutiny to anything involving minor children, since a judge is not bound to approve custody or support terms that are not in a child's best interest.
- The judge signs the judgment, finalizing the divorce on the agreed terms.
Many uncontested cases do not require either spouse to appear at a hearing; the judge reviews the paperwork and signs. Some cases or counties do require a brief hearing even when everything is agreed, so confirm your local requirement. How to file final divorce decree paperwork, in other words, is the same five-step process above: it is not a separate filing made after the divorce, it is the filing that finishes the divorce.
Search terms like decree of divorce by mutual consent, deed of divorce by mutual consent, agreement for divorce on mutual consent, mou for divorce by mutual consent, documents required for divorce by mutual consent, and after mutual consent divorce reflect terminology and a legal process (divorce by mutual consent in family law) used in some other countries' legal systems, not standard United States terms. If you are researching a US case, the equivalent concept is the agreed settlement and judgment process described in this guide; if you are researching a case in another country, confirm the correct terminology and process with that country's own courts, since this guide covers US procedure only. Likewise, a consent judgement of divorce form and a divorce online consent order both describe the same US concept already covered here: a settlement agreement submitted with judgment forms for a judge's signature, not a separately named order type.
How Do I Find or Download a Copy of My Divorce Decree?
A finished divorce decree (judgment) generally is not something you can find and download for free online. To get a copy:
- Request a certified copy from the clerk of the court where your case was filed, in person, by mail, or, in counties that offer one, through an online case records or e-filing portal.
- Expect a per-page or per-copy fee, set by the county clerk, for certified copies.
- Basic case information (such as the case number and status) may be viewable for free through some county online docket systems, separate from the certified judgment document itself.
If you are trying to find your divorce decree online for the first time, start with your county clerk's case records portal, if one exists, rather than a general web search, since decrees are not indexed publicly the way public case dockets sometimes are.
Because these systems vary by county, check your specific court's clerk website for the exact process and current fees before assuming a free download is available.
California: The Judgment and Marital Settlement Agreement
In California, the final order ending a marriage is called the Judgment (Form FL-180), which can attach and incorporate a marital settlement agreement the spouses signed. According to the California Courts Self-Help Guide, the general steps to finalize a divorce, whether by default, agreement, or trial, are the same: fill out the final forms, submit them to the clerk, and wait for a judge to review and sign the Judgment.
See our guide to Form FL-180, the California Judgment for how the agreed-terms version of this form works.
Florida: The Final Judgment and Marital Settlement Agreement
In Florida, the final order is called the Final Judgment of Dissolution of Marriage, part of the 12.990 series of forms, and it can incorporate a signed Marital Settlement Agreement (Form 12.902(f)). Florida law also sets a minimum delay: no final judgment of dissolution of marriage can be entered until at least 20 days have passed from the date the original petition was filed, agreed case or not, unless the court finds an earlier date is necessary to avoid injustice.
See our guide to Florida's Final Judgment forms (12.990 series) for the specific forms used.
How Virdix Helps
Virdix prepares the California Judgment and Florida Final Judgment forms, along with the marital settlement agreement terms behind them, from your answers to a guided questionnaire, checking your answers for consistency across every form. The current launch price is $79 through October 31, 2026. Virdix does not provide certified copies of a finished decree; that request goes to your county clerk.
Start Your California or Florida Filing →
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. This guide covers United States procedure only; terminology and process differ in other countries. Confirm current forms and fees with your court clerk. For advice about your specific situation, consult a licensed attorney in your state.
Sources: California Courts Self-Help Guide (selfhelp.courts.ca.gov), Florida Statutes Section 61.19 (leg.state.fl.us)