Rule 24.3.Acknowledgement and Waivers
Rule 24. DOMESTIC RELATIONS · Last amended 1989 · Last verified July 17, 2026
Full Text of Rule 24.3
Plain-English Summary
Rule 24.3 is a short rule with an outsized effect on how fast an uncontested divorce can move. Because Rule 24.6 lets a divorce proceed as soon as 31 days after service, or after the acknowledgment of service is filed, once both parties have signed a written consent to a hearing, the court needs confidence that the signatures on that consent are real. Rule 24.3 supplies that confidence by requiring an official attesting officer — a notary or similar officer — or the parties’ own counsel to witness the signature.
The same witnessing requirement applies to an acknowledgment of service, the document a defendant signs to confirm receipt of the divorce papers without requiring a sheriff’s deputy to serve them. Both spouses must sign a consent, and both signatures need the same witnessing treatment.
Without a properly witnessed acknowledgment or consent, a court cannot rely on the document to start the clock toward an uncontested divorce hearing, which can stall a case that both spouses otherwise agree should move quickly.
Frequently Asked Questions
Who can witness a party’s signature on a consent to a divorce hearing?
An official attesting officer or the parties’ counsel may witness the signature, the same standard the rule applies to acknowledgments of service.
Does the consent to a hearing need to be signed by just one spouse or both?
Both parties must sign the consent, and each signature must be witnessed in the manner Rule 24.3 requires.
Is an acknowledgment of service valid if only the party signs it without a witness?
No. Rule 24.3 requires every acknowledgment of service to be witnessed by an official attesting officer or the parties’ counsel.
Why does an unwitnessed consent create a problem for an uncontested divorce?
Because Rule 24.6 runs its 31-day waiting period from service, or from the filing of a valid acknowledgment of service, a consent or acknowledgment that lacks proper witnessing cannot reliably be filed or relied on to start that clock.
Can a party’s own lawyer serve as the witness required by this rule?
Yes. The rule allows either an official attesting officer or the parties’ counsel to serve as the witness.
Amendment History
Amended effective March 9, 1989.