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Affidavit of Consent basics

When you and your spouse have both agreed to move forward with a mutual or no-fault divorce, an Affidavit of Consent makes that decision formal. In some states, it's a required first step for this type of divorce. We'll take you through creating an Affidavit of Consent, step by step.

Use the Affidavit of Consent document if:

  • You agree to a no-fault or mutual consent divorce and you need to make your consent official.

No-fault divorces are a type of divorce where both spouses agree that the other spouse isn't at fault—in other words, neither spouse caused the divorce. Once you've decided to go the no-fault route, an Affidavit of Consent makes the decision official. For example, if your spouse filed divorce proceedings, you'll file an Affidavit of Consent to inform the court you agree to dissolve your marriage. When you create an Affidavit of Consent, note that you may be acknowledging and accepting the loss of certain rights regarding alimony, property, and lawyer's fees. Once you've completed this document, you may need to sign it in front of a notary public, depending on the local and state laws where you live.

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Sample Affidavit of Consent

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