Affidavit of Non-Legal Separation

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Are separation and divorce the same thing? No, they are different. Separation is a term used for married couples who wish to live apart but are still bound to marriage. On the other hand, divorce is the dissolution of marriage in which the marital union is terminated, processed under the jurisdiction of the court of laws. No matter how you say it, both do not entail a positive impact on couples, especially on their family. But what if they want to put things under control even without the commitment of a husband and wife relationship? Then, they should write an Affidavit of Non-Legal Separation. Find out more in this article and learn how to make this affidavit using a template. Read More

An Affidavit of Non-Legal Separation is a document used by a married couple who wish to separate and live apart without getting divorced. It means that their marriage will be retained and they will agree on some responsibilities in line with being married but separated. This affidavit is similar to a separation agreement as it outlines the couple’s practical concerns about how their portion of their property, assets, debts, and bills should be handled while they do not live under the same roof. If children are involved, the affidavit will help clarify details about who should have custody, how frequent the other parent can visit, and whether child support is required. Additionally, other considerations can be addressed by both spouses in the affidavit.

There are several factors affecting marriages and lead to either separation or divorce. In fact, you can find online some extremely interesting and downright shocking information about the separation and divorce rate in the US. Here is one: According to the Wilkinson and Finkbeiner Family Law Attorneys, every 13 seconds, there is one divorce in American, which equates to 277 divorces per hour. That sounds alarming, right? But no one can ever turn their back on some obligations brought upon them by being married once. To lay out an agreement of separation seamlessly, follow the steps below to guide you in writing your affidavit. 

Download a Template

Using a template is one of the most effective ways to help you structure an affidavit next to letting a real lawyer help you write one. Yet, the best thing about working on a template is that you are longer required to start from scratch and most especially it is cost-efficient. Have you checked out our collection of templates? If not, then it is your chance to download a stencil suitable for your affidavit-writing task. Because a template comes in with suggested content, you can modify it as needed or leave it as it is. To help you to customize, you need an editing tool.

Modify Your Template

Choosing an editing tool to modify your template is not as hard as you think. Make sure it is compatible with your template file format. You will know if you can work on an editing tool if it is featured on the website where you downloaded the template from. Otherwise, it would be difficult to modify your template. But before you get started, ensure that you know what an affidavit looks like. This will help you put everything in order. Let us get started with the title.

Add a Title and Labels

Your affidavit’s title needs to capture the attention of the readers. What better way to do that than placing on the topmost part of the document, written in bolder font size than the rest of the words in the affidavit. Keep in mind that your audience is busy people who have a lot of things to do. Thus, the title must tell right away what the affidavit is all about. Say for example, you could title it as simply as “Affidavit of Non-Legal Separation” or “Legal Separation Affidavit.” Choose what suits your document best. After all, it is you who decide what the affidavit will be called.

Identify the Affiant and List Facts

Right after the title, identify the affiant or the person who will sign the affidavit. If you are making an affidavit for a client, it is important to collect all relevant information such as the affiant’s name, and complete address (street, city, state, and zip code). Next, acknowledge the affiant by starting with “I, affiant’s name…” Since an affidavit is a written statement that is considered made under oath, it is only valid when created voluntarily without coercion. Signing an affidavit means you are asserting that the information in it is true and that you have personal knowledge about the facts indicated in the affidavit. So, before outlining the facts, you need to swear or affirm that what you are about to report is based on facts. List the facts and make sure they are typed in plain language, without embellishment or statements of personal opinion.

Include Exhibits and Sign the Affidavit

Add relevant exhibits or other documents that need to be referenced and label them in a numbered sequence in your affidavit. Even though this is not mandatory but is highly recommended since it can make the approval process faster and a lot smoother. Also, mention terms and conditions of the separation to keep both parties guided with their roles and obligations. This may include the reason for separation, the amount of spousal support, the amount of child support, and other terms agreed upon by the couple.

FAQs

Do I need a family lawyer to file for separation?

It depends on your situation. The best thing for you to do is get a free consultation with a lawyer. After that, you will have an idea how the process works and the costs.

You can have a lot of rights, In fact, there is a provincial Act and federal Act that determines your rights and obligations. You should speak to a lawyer to learn more about this question.

Can I do a separation affidavit without the provision of a lawyer?

You can file for a separation affidavit without a lawyer even though it is required. It is essential for the couple to be completely transparent about their financial situation and liabilities. Each party must enter the legal separation process voluntarily without duress.