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Affidavit of Consent

When to use Affidavit of Consent

Depending on the laws of your state, an affidavit of consent may be required before you and your spouse can proceed with a mutual-consent or no-fault divorce. In other states, this sworn statement serves as part of the broader process of obtaining this kind of uncontested divorce. In general, this sworn statement (made under oath and notarized), serves as proof that you and your spouse agree to proceed with your divorce in a mutual-consent or no-fault way. Such documentation helps to formalize your commitment to no-fault or mutual-consent divorce so that the process may continue from this point onward.

It is important to note that completing this form may result in a certain loss of rights in regards to property, spousal support, etc. As a result, if you are unsure of exactly what consequences may result from signing an affidavit of consent, it is important to call your attorney so that you can make an informed decision about your situation. An affidavit is a sworn statement, so it is not easy to “walk back” if you change your mind about your approach after you have filed this documentation with the courts. As a result, it is advisable to make an informed decision from the start.


Each state follows different procedures for processing affidavits of consent. Please consider speaking with an attorney if you have any concerns about ensuring that your affidavit of consent is properly completed and filed with the appropriate state agency. If you need to make a sworn statement of consent in regards to your divorce, this form can help you to achieve that end.

Alternative Names

Sworn Declaration of Consent
Sworn Statement of Consent
Sworn Oath Statement of Consent
Affidavit Letter of Consent
Declaration Under Oath of Consent