Free Appearance Consent and Waiver Form

This Appearance, Consent and Waiver form is designed for use by a defendant in a divorce case. This legal document clearly sets forth that defendant received a copy of the complaint, has entered into a marital settlement agreement and waives certain rights, including notice of trial and right to appeal but not to future modification of a judgment or divorce decree. This Appearance, Consent and Waiver must be signed by the defendant in the presence of a notary.

Disclaimer:This was not drafted by an attorney & should not be used as a legal document.

IN THE DISTRICT COURT OF ____________________________ COUNTY ___________________________ ,____________________________ JUDICIAL DISTRICT

In re: The Marriage of
______________________________ Petitioner
and Case #: _________ )
______________________________ Respondent

AND IN THE INTEREST OF __________________________
The undersigned Defendant on oath states that:
1. The Defendant is a resident of and domiciled in the State of ________________ for the preceding ____________________ years.
2. The Defendant has received a copy of the Complaint and the Defendant has read and understood the Complaint and admits all of the allegations contained in it.
3. Defendant hereby waives all objections relating to the venue and the issuance, service, and return of process in this cause and Defendant voluntarily provides general appearance in this cause and submit personally to the jurisdiction of the court. Defendant hereby represents that Defendant has never been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction.
4. Defendant has freely and voluntarily entered into a Marital Settlement Agreement, dated ___________________, and a Financial Statement which are attached to and incorporated into the original Complaint. The Marital Settlement Agreement and Financial Statements were signed by Defendant under no duress or force and without collusion.
5. Defendant hereby fully consents to the said Marital Settlement Agreement and Financial Statements and that the parties are ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlement Agreement survive.
6. Defendant further waives his 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.

State of __________________
County of ________________
On this day, before me, the undersigned authority, in and for and residing in the above County and state, personally appeared the Defendant , ________________________ , 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 Complaint has been received.
Subscribed and sworn to this ______ day of ______________, 20__.
Name and signature
My commission expires: ______________________
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