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The Divorce Encyclopedia
Certification of Noncollusion and Verification


Term Definition Certification of Noncollusion and Verification - a formal acknowledgment in which the claimant certified that the parties in the divorce action have not colluded.
Application in Divorce At one time, when fault was the only way to divorce, spouses who wished to end a marriage would come together to give one spouse grounds for action; for example, by setting up an engineered situation where one appeared to be committing adultery. In this routine, the spouses arranged for one of them to be "caught" in a compromising situation. Collusion in this way was called a "hotel divorce."

In addition, collusive divorce also involved perjury when the case came to trial.

No-fault divorce has reduced the need for spouses to act collusively in divorce actions, but it still exists when it comes to agreeing on a false separation date. The separate date plays a significant role in satisfying the no-fault grounds in certain states. For example, in some states you must live separate and apart for at least one year before filing for a no-fault divorce.

This certification, however, is required in some jurisdictions.

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