Divorce Appearance, Consent and Waiver

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Aagreement by one spouse to join the other in an effort to obtain a divorce.

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The Appearance, Consent and Waiver is a document you can use to eliminate much of the paperwork and often considerable expense from the process of obtaining a divorce. With this document the spouse who is not designated as the petitioner/plaintiff officially makes a legal appearance and consents to the jurisdiction and venue of the court. This spouse (referred to as the respondent/defendant) also waives his or her right to findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal.

Once the spouse who will act as respondent/defendant has signed this form, no further action by that spouse should be necessary for the remainder of the divorce process.


In addition to an Appearance, Consent and Waiver form, this kit also includes:

i) instructions explaining the language you will need to include in the Appearance, Consent and Waiver form; and
ii) a completed sample Appearance, Consent and Waiver for your reference.

This kit specifically designed for use in your state.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Appearance, Consent and Waiver
(Alabama)







This Packet Includes:
1. General Instructions
2. Information
3. Sample Appearance, Consent and Waiver
4. Appearance, Consent and Waiver Alabama





General Instructions
Appearance, Consent and Waiver Alabama



   Follow the link below to our free State Law Digest for Divorce Law, which includes information regarding your states divorce laws and procedure.  Use this information to help you complete the Appearance, Consent and Waiver form.







Information
Appearance, Consent and Waiver Alabama

The purpose of the Appearance Consent and Waiver document is to streamline and speed up the legal process when both parties have agreed on the desired results of the divorce proceedings.  All states, except those that allow a petition/complaint for divorce to be filed jointly, require that this form be filed.

The Appearance, Consent and Waiver form serves several functions.  First, by using it the requirement for a formal serving of the divorce papers on the non-filing spouse (formally referred to as the “service of process”) is made unnecessary.  Essentially this form waives the right of the parties to have papers served formally by a sheriff or some other process server.  Second, by submitting this document, the spouse who is not designated as the plaintiff officially makes a legal appearance and consents to the jurisdiction and venue of the court.  This means that he/she agrees that the court in which the divorce is filed has the proper authority to grant the divorce.  This spouse (officially the defendant) also offers his/her consent to the adoption of the marital settlement agreement into the final divorce order.  Finally, the defendant spouse also waives his/her right to findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal (these rights were also waived by the defendant in the petition/complaint in an effort to eliminate any unnecessary and extraneous legal proceedings and technicalities).  

Once the spouse who will act as defendant has signed this form, no further action by that spouse should be necessary for the remainder of the divorce process.



Sample Appearance, Consent and Waiver



Following is a completed sample Appearance, Consent and Waiver form. It has been assembled using information from the instruction sheet. Use it as a reference to help you in completing your own form.

For the purposes of preparing this sample agreement a fictional family was used.  Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They were married on January 1, 1999.  The parties live in the fictional town of Centerville, in the County of Washington, State of Superior.

* The sample form includes a border so you can distinguish it from the actual form you will use.  Your blank form follows the sample and when printed should not include a border.   Also, be sure to erase any italicized, bracketed language from your final, printed form.  These are just instructions included to help you complete the form.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



SAMPLE
In the Circuit Court for Washington County, State of Superior

In re the Marriage of:                             )
                     )
   Mary Ellen Smith,             )
   Petitioner                )
   )   Case #: ABC123
   John William Smith,            )
   Respondent                )
                     )
And in the interest of:               )
   Alice Mary Smith and            )
   James John Smith            )


APPEARANCE, CONSENT AND WAIVER
The undersigned Respondent, John William Smith, states on oath, that:

1.   RESIDENCY. I have been a resident of and domiciled in the State of Superior for the preceding 12 months and the County of Washington for the preceding 6 months.

2.   ADMISSION. I have received a copy of the Petition which was filed in this cause and I have read and understand it and admit all of the allegations contained in it.

3.   APPEARANCE AND WAIVER. I waive all objections to venue and I further waive the issuance, service, and return of process in this cause and voluntarily enter my general appearance in this cause and submit personally to the jurisdiction of the court. I have never been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction. I am not currently an active member of any branch of the Armed Forces of the United States.

4.   AGREEMENT. I have freely and voluntarily entered into a Marital Settlement Agreement, dated the 1st day of May, 2004, and a Financial Statement, which are attached to and incorporated into the Original Petition. The Marital Settlement Agreement and Financial Statements were signed under no duress or force and without collusion.

5.   CONSENT. I consent to said Marital Settlement Agreement and Financial Statements being approved and incorporated, merged into, and made part of a Final Judgment of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlement Agreement survive.

6.   ADDITIONAL CONSENT.  I agree that this proceeding is uncontested. I further consent that this cause be heard on any day convenient to the court without further notice to me and that the court enter an Order granting the relief prayed for in the Petition.

7.   ADDITIONAL WAIVER. I further waive my rights to notice of trial, findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment, and right to appeal, but do not waive any rights to the future modification of any judgment in this cause.



   ______________________________
   John William Smith


State of Superior         )
               )   SS.
County of Washington      )

On this 5th day of June 2004, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared John William Smith, who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, he verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act and that a copy of the Petition has been received.



   _________________________________
   Notary Public
   Notary Seal
   My commission expires: January 1, 2005








   




In the           Court for ___________ County, State of Alabama

In re the Marriage of:          )
                     )
   [Name of spouse],            )
   Plaintiff                                        )
                     )
and                  )   
                  )   Case #: [Obtain from
   [Name of other spouse],         )      clerk upon filing]
   Defendant               )         
                     )
   And in the interest of:            )
      [Name of minor children,          )
      if any]                  )


APPEARANCE, CONSENT AND WAIVER


The undersigned Defendant states on oath, that:

1.      RESIDENCY. I have been a resident of and domiciled in the State of  ____________________
for the preceding ____________________ and the County of    _____________________ for the preceding _____________________   . [Length of time for residency as shown in the Appendix. If no time limit is required, state actual time of residency].

2.      ADMISSION. I have received a copy of the Complaint which was filed in this cause, and I have read and understand it and admit all of the allegations contained in it.

3.      APPEARANCE AND WAIVER. I waive all objections to venue and the issuance, service, and return of process in this cause and voluntarily enter my general appearance in this cause and submit personally to the jurisdiction of the court. I have never been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction. I am not currently an active member of any branch of the Armed Forces of the United States.

4.      AGREEMENT. I have freely and voluntarily entered into a Marital Settlement Agreement, dated the _____ day of ________________, 20 _______,   and a Financial Statement which are attached to and incorporated into the original Complaint. The Marital Settlement Agreement and Financial Statements were signed under no duress or force and without collusion.

5.      CONSENT. I consent to said Marital Settlement Agreement and Financial Statements being approved and incorporated, merged into and made part of a Final Judgment of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlement Agreement survive.

6.     ADDITIONAL CONSENT. I agree that this proceeding is uncontested. I further consent that this cause be heard on any day convenient to the court without further notice to me and that the court enter an Order granting the relief prayed for in the Complaint.

7.      ADDITIONAL WAIVER. I further waive my rights to notice of trial, findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal, but do not waive any rights to the future modification of any judgment or decree in this cause.

   ________________________________________
   Signature of Defendant
State of __________________   )
                )   SS.
County of _________________ )

On ______________________, 20 ___, ___________________________________personally came
      (Date)               (Defendants name)
before me and, being duly sworn, did state that he/she is the person described in the above document and that he/she signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated and that a copy of the Complaint has been received.

   ____________________________________
         (Signature)
   Notary Public, for the County of __________
   State of ______________________________
   My Commission expires _________________

Number of Pages0
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29479
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Appearance, Consent and Waiver
(Alabama)







This Packet Includes:
1. General Instructions
2. Information
3. Sample Appearance, Consent and Waiver
4. Appearance, Consent and Waiver Alabama





General Instructions
Appearance, Consent and Waiver Alabama



   Follow the link below to our free State Law Digest for Divorce Law, which includes information regarding your states divorce laws and procedure.  Use this information to help you complete the Appearance, Consent and Waiver form.







Information
Appearance, Consent and Waiver Alabama

The purpose of the Appearance Consent and Waiver document is to streamline and speed up the legal process when both parties have agreed on the desired results of the divorce proceedings.  All states, except those that allow a petition/complaint for divorce to be filed jointly, require that this form be filed.

The Appearance, Consent and Waiver form serves several functions.  First, by using it the requirement for a formal serving of the divorce papers on the non-filing spouse (formally referred to as the “service of process”) is made unnecessary.  Essentially this form waives the right of the parties to have papers served formally by a sheriff or some other process server.  Second, by submitting this document, the spouse who is not designated as the plaintiff officially makes a legal appearance and consents to the jurisdiction and venue of the court.  This means that he/she agrees that the court in which the divorce is filed has the proper authority to grant the divorce.  This spouse (officially the defendant) also offers his/her consent to the adoption of the marital settlement agreement into the final divorce order.  Finally, the defendant spouse also waives his/her right to findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal (these rights were also waived by the defendant in the petition/complaint in an effort to eliminate any unnecessary and extraneous legal proceedings and technicalities).  

Once the spouse who will act as defendant has signed this form, no further action by that spouse should be necessary for the remainder of the divorce process.



Sample Appearance, Consent and Waiver



Following is a completed sample Appearance, Consent and Waiver form. It has been assembled using information from the instruction sheet. Use it as a reference to help you in completing your own form.

For the purposes of preparing this sample agreement a fictional family was used.  Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They were married on January 1, 1999.  The parties live in the fictional town of Centerville, in the County of Washington, State of Superior.

* The sample form includes a border so you can distinguish it from the actual form you will use.  Your blank form follows the sample and when printed should not include a border.   Also, be sure to erase any italicized, bracketed language from your final, printed form.  These are just instructions included to help you complete the form.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



SAMPLE
In the Circuit Court for Washington County, State of Superior

In re the Marriage of:                             )
                     )
   Mary Ellen Smith,             )
   Petitioner                )
   )   Case #: ABC123
   John William Smith,            )
   Respondent                )
                     )
And in the interest of:               )
   Alice Mary Smith and            )
   James John Smith            )


APPEARANCE, CONSENT AND WAIVER
The undersigned Respondent, John William Smith, states on oath, that:

1.   RESIDENCY. I have been a resident of and domiciled in the State of Superior for the preceding 12 months and the County of Washington for the preceding 6 months.

2.   ADMISSION. I have received a copy of the Petition which was filed in this cause and I have read and understand it and admit all of the allegations contained in it.

3.   APPEARANCE AND WAIVER. I waive all objections to venue and I further waive the issuance, service, and return of process in this cause and voluntarily enter my general appearance in this cause and submit personally to the jurisdiction of the court. I have never been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction. I am not currently an active member of any branch of the Armed Forces of the United States.

4.   AGREEMENT. I have freely and voluntarily entered into a Marital Settlement Agreement, dated the 1st day of May, 2004, and a Financial Statement, which are attached to and incorporated into the Original Petition. The Marital Settlement Agreement and Financial Statements were signed under no duress or force and without collusion.

5.   CONSENT. I consent to said Marital Settlement Agreement and Financial Statements being approved and incorporated, merged into, and made part of a Final Judgment of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlement Agreement survive.

6.   ADDITIONAL CONSENT.  I agree that this proceeding is uncontested. I further consent that this cause be heard on any day convenient to the court without further notice to me and that the court enter an Order granting the relief prayed for in the Petition.

7.   ADDITIONAL WAIVER. I further waive my rights to notice of trial, findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment, and right to appeal, but do not waive any rights to the future modification of any judgment in this cause.



   ______________________________
   John William Smith


State of Superior         )
               )   SS.
County of Washington      )

On this 5th day of June 2004, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared John William Smith, who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, he verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act and that a copy of the Petition has been received.



   _________________________________
   Notary Public
   Notary Seal
   My commission expires: January 1, 2005








   




In the           Court for ___________ County, State of Alabama

In re the Marriage of:          )
                     )
   [Name of spouse],            )
   Plaintiff                                        )
                     )
and                  )   
                  )   Case #: [Obtain from
   [Name of other spouse],         )      clerk upon filing]
   Defendant               )         
                     )
   And in the interest of:            )
      [Name of minor children,          )
      if any]                  )


APPEARANCE, CONSENT AND WAIVER


The undersigned Defendant states on oath, that:

1.      RESIDENCY. I have been a resident of and domiciled in the State of  ____________________
for the preceding ____________________ and the County of    _____________________ for the preceding _____________________   . [Length of time for residency as shown in the Appendix. If no time limit is required, state actual time of residency].

2.      ADMISSION. I have received a copy of the Complaint which was filed in this cause, and I have read and understand it and admit all of the allegations contained in it.

3.      APPEARANCE AND WAIVER. I waive all objections to venue and the issuance, service, and return of process in this cause and voluntarily enter my general appearance in this cause and submit personally to the jurisdiction of the court. I have never been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction. I am not currently an active member of any branch of the Armed Forces of the United States.

4.      AGREEMENT. I have freely and voluntarily entered into a Marital Settlement Agreement, dated the _____ day of ________________, 20 _______,   and a Financial Statement which are attached to and incorporated into the original Complaint. The Marital Settlement Agreement and Financial Statements were signed under no duress or force and without collusion.

5.      CONSENT. I consent to said Marital Settlement Agreement and Financial Statements being approved and incorporated, merged into and made part of a Final Judgment of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlement Agreement survive.

6.     ADDITIONAL CONSENT. I agree that this proceeding is uncontested. I further consent that this cause be heard on any day convenient to the court without further notice to me and that the court enter an Order granting the relief prayed for in the Complaint.

7.      ADDITIONAL WAIVER. I further waive my rights to notice of trial, findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal, but do not waive any rights to the future modification of any judgment or decree in this cause.

   ________________________________________
   Signature of Defendant
State of __________________   )
                )   SS.
County of _________________ )

On ______________________, 20 ___, ___________________________________personally came
      (Date)               (Defendants name)
before me and, being duly sworn, did state that he/she is the person described in the above document and that he/she signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated and that a copy of the Complaint has been received.

   ____________________________________
         (Signature)
   Notary Public, for the County of __________
   State of ______________________________
   My Commission expires _________________

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