Law Commons^™

A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.

Campbell Law Review

In the process of obtaining a divorce, the husband and wife frequently enter into a consent judgment which outlines the rights and obligations of the parties. The agreement commonly deals with both the alimony and property provisions of the settlement and is incorporated into the court's decree. Consent judgments are commonly designated as one of two types. The first is treated as a contract between the parties and is not modifiable without their consent. The second is treated as a court ordered judgment and is both modifiable and enforceable by the court's contempt power. The language of the agreement and …