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OTHER NAMES Consent Affidavit

What is an Affidavit of Consent?

An Affidavit of Consent is a legal document that you can use to agree to move forward with a no-fault divorce. In some states, it's a required first step for this type of divorce, where both spouses agree that the other spouse isn't at fault—in other words, neither spouse caused the divorce. When you make 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 typically need to sign it in front of a notary public, depending on the local and state laws where you live.

When to use an Affidavit of Consent:

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

Sample Affidavit of Consent

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In the Court of County, State of

 

Case no.

 

Between

 

of , ,

 

And

 

of , ,

 

Affidavit of Consent

 

1. A Complaint for Divorce was filed between Plaintiff and Defendant on the .

 

2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have not been successful.

 

3. I, , consent to the entry of a final judgment dissolving the marriage between Plaintiff and Defendant and such further relief as requested in the Complaint for Divorce.

 

4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted.

 

5. I hereby certify that, to the best of my knowledge and belief, all statements made in this document are true and correct. I am aware that perjury and willful false statements will subject me to punishment under the law.

 

 

I now affix my signature to these affirmations this ______ date of _________________, 20___ .

 

 

_____________________________________

 

STATE OF ss:, ss:

 

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Affidavit of Consent FAQs

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  • Can I draft an Affidavit of Consent Form for free?

    It's quick and easy to get what you need with a free Affidavit of Consent template from Rocket Lawyer:

    1. Make the document - Provide a few details and we will do the rest
    2. Send and share it - Discuss the document with a divorce lawyer, if desired
    3. Sign it - Sign your Affidavit and make it legal

    Any Affidavit of Consent Form from Rocket Lawyer can be modified to address your specific situation. To begin, click on the button that says "Make document". Your Affidavit will be constructed section by section as you enter more information throughout the process.

  • Should I hire an attorney to review my Affidavit of Consent?

    Making an Affidavit of Consent is usually simple, but you could still need advice. Depending on whom you contact, some attorneys may not even agree to review your document if they were not the one who wrote it. A better approach to consider is to get help via Rocket Lawyer attorney services. If you sign up for a Premium membership, you will be able to ask for advice from a divorce lawyer with relevant experience or send other legal questions about your Affidavit. Rocket Lawyer is here to support you.

  • How much would I traditionally pay for a lawyer to help me make an Affidavit of Consent?

    The cost of meeting and hiring your average law firm to write an Affidavit of Consent might be between two hundred and one thousand dollars, depending on where you are located and how complicated it may be. Unlike many other websites that you may come across, Rocket Lawyer offers much more than Affidavit templates. If you ever need help from a lawyer, your Rocket Lawyer membership offers up to a 40% discount when you hire an attorney.

  • Am I required to do anything else after I have made an Affidavit of Consent?

    When you're finished creating this Affidavit with Rocket Lawyer, you will have the ability to see it anytime and anywhere. You also may interact with the document in all of these ways: editing it, saving it as a Word document or PDF file, printing it, and/or signing it. Alongside your Affidavit of Consent Form, you also will find a series of instructions for what comes next to finalize your document.

  • Does an Affidavit of Consent Form need to be notarized or witnessed?

    Yes, an Affidavit of Consent Form usually must be notarized. Witnesses are not required.

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