Consent Judgments & MCR 3.210

As of January 1, 2015, an amended court rule will finally provide authority to submit a Judgment by Consent.  In the past, the court rules only provided for a Default Judgment or a Judgment after an evidentiary hearing with the Judge.  This amended rule allows either spouse to present the Judgment of Divorce or Separate Maintenance to the Court after an agreement is reached together for approval by the Judge.  The applicable section of MCR 3.210 is as follows:

(E) Consent Judgment.
(1) At a hearing that involves entry of a judgment of divorce, separate maintenance, or annulment under subrule (B)(5)(a), or at any time for all other actions, any party may present to the court for entry a judgment approved as to form and content and signed by all parties and their attorneys of record.
(2) If the court determines that the proposed consent judgment is not in accordance with law, the parties shall submit a modified consent judgment in conformity with the court’s ruling within 14 days, or as otherwise directed by the court.
(3) Upon entry of a consent judgment and as provided by MCR 3.203, the moving party must serve a copy of the judgment as entered by the court on all other parties within 7 days after it has been entered and promptly file a proof of service.

 

This is very exciting news for family law to finally have authority for entry of Consent Judgments which have been submitted to the Court for many years.