Agree to move forward with a no-fault divorce: Affidavit of Consent
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.
Have questions about your Affidavit of Consent?
Whether you're preparing your Affidavit of Consent, reviewing one someone sent you, or just want to understand it better, here's how to get help.
- Understand what it says or review it. Use our AI legal assistant to ask questions about your Affidavit of Consent, understand what it says, and spot anything that may need a closer look.
- Ask an attorney a question. Connect with an attorney for legal information, with a written answer within one business day or a live consultation.
- Get advice on what to do. For privileged, confidential advice about your specific circumstances and next steps, book a Legal Advice Session with an attorney.
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___ .
_____________________________________
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:
- Make the document - Provide a few details and we will do the rest
- Send and share it - Discuss the document with a divorce lawyer, if desired
- 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.
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Should I hire an attorney to review my Affidavit of Consent?
It’s a good idea to have important documents like your Affidavit of Consent reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your Affidavit of Consentdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from an attorney or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much would I traditionally pay for a lawyer to help me make an Affidavit of Consent?
Attorney fees for drafting or reviewing an Affidavit of Consent can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Affidavit of Consent tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask an attorney for guidance.
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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.
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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.
