An affidavit of consent is required in some states to be filled with a no fault or mutual consent divorce.
This document must be signed by both parties.
Special notices to defend and claim rights may also be required in some states. Check with with your court clerk for more information.
Couples can obtain a no-fault divorce by mutual consent of the parties ninety (90) days after filing and service of the divorce complaint (Section 3301(c) of the Divorce Code).
This is often the quicker option for a no-fault divorce however it is contingent
When both parties agree and sign the consent it is in most cases the quicker option for a no-fault divorce.
A party cannot be forced to consent even if he or she previously entered an agreement indicating they would timely consent to the divorce.
..."[a] person has an unqualified right to change his or her mind and refuse to consent to be divorced, at least, as here, where the consent, though signed, has not been delivered or filed." Berman v. Berman, 33 Pa. D. & C.3d 134 (1983).
The example below is only for information and educational purpose. We strongly advise to consult with a licensed attorney in your state before using any legal document.
Plaintiff________________________________________________ Court ________________
Defendant______________________________________________ Docket No. ___________
1. A Complaint for Divorce was filed between Plaintiff and Defendant on the ____________ day of ____ 20____.
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 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.
Subscribed and sworn to before me on this _______ day of __________________, 20____.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.