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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-17-2016, 11:06 AM
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Default costs of a motion that goes on consent??

if you file a notice of motion and the opposing party agrees on the terms on consent, should you still not be entitled to your costs of having to bring forward the motion? As in, they would not agree on terms until you filed the notice of motion ?
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Old 12-17-2016, 12:09 PM
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The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.
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Old 12-17-2016, 12:44 PM
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The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.

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Old 12-17-2016, 12:45 PM
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The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.
Just so I know for next time. If they don't consent to costs, then the costs would have to be argued?

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Old 12-17-2016, 05:41 PM
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The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.
This is not correct. You agree to whatever you agree to - if there is not an agreement on costs, the issue remains live.

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If they don't consent to costs, then the costs would have to be argued?
Correct. If you have an agreement addressing every issue except for costs then you can go ahead with the motion to address costs of the issue.

Note, however, that most people will only make an agreement if each party bears their own costs for the issue. Some judges expect that to be the case (although there may be costs, depending on the situation).
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