Divorce Affidavit

Divorce is a painful legal process for any couples who wish to separate and put an end to their marriage. The first step is writing a Divorce Affidavit and it can take a lot of toll on you. Knowing what to include in the document is already a difficult start and finish on your own. Even if you have so much rich and detailed information on hand, you have to carefully choose the ones that are important and will provide more substance to your care. Don’t let the confusion overwhelm you! Read on below to know more and understand what a Divorce Affidavit really is. Read More

What Is a Divorce Affidavit?

A Divorce Affidavit is the type of affidavit that both spouses need to make an oath about their willingness to end their marriage legally. This document is of prime importance when it comes to marital separation and divorce. It is a legally binding document that contains all the details and information about the consenting parties’ divorce case. Depending on your situation, divorce affidavits may vary but each type must list all the reasons and claims of the divorce and verifies the truthfulness of the parties involved under the penalty of perjury and as acknowledged by a notary public. For it to be admissible in divorce court, it has to be duly signed by both of the affiants and be legally separated.

How to write a Divorce Affidavit in five steps

Before you start writing your affidavit, make sure you have a clear idea of what you are going to write about and that you know its purpose. Having an idea of what you need to include in your affidavit can make the process a little bit easier for you. Here are six easy steps that you can take to start writing your own affidavit of divorce:

Find a Divorce Affidavit form

You have several options on how to get started with your divorce affidavit. District courts have available affidavit forms that you can get from their office or have your lawyer draft it for you. You can also find a template online that you can download and modify based on your personal details. But through this all, make sure that you obtain a copy of the rules of divorce proceedings so you are guided.

Follow proper formatting and style rules

Write in the first person and begin your affidavit with a bit of your background and the reason why you’re making one. Start with brief biographical information such as your full legal name, citizenship, occupation, address. Then after that, add another sentence or two as to why you’re writing an affidavit.

Put your thoughts into paper

To create an effective affidavit, you must always keep in mind that everything you write about should be the truth and relevant facts. It should not include anything that is not directly related to your divorce proceedings. All information must be valuable and hold true. Also, make sure that you do not use complicated or too much legal jargon. Instead, make your document short and simple that anyone who reads it can understand.

Cross-check your document with the court rules

After writing down your statement of facts, you should review all of the information and cross-check it with the court rules. It is important to do this to double-check relevant information and remove those that can only add clout to your document. 

Avoid expressing your opinion and drawing conclusions

Accusations, opinions, and conclusions about your spouse must be avoided at all costs. You should only include details of certain events that you have observed and not make any inferences about them. Only write the information that you have witnessed like the things that you have seen or heard. As much as possible, stick to details that answer who, what, when, where, and how.

Sign your affidavit in front of a notary public

After creating your affidavit, have a trusted friend review and read through it to get an honest opinion about your affidavit. They must ensure the clarity and brevity of your affidavit. After finalizing the document, the final step is to sign it in front of a notary public and/or in the presence of a witness. You may file the signed affidavit to the family court to proceed with the divorce process.

FAQs

Can I have my lawyer make my affidavit?

It is easier to have your lawyer write up your affidavit but it can be expensive too. They also need you to provide them with the details about your marriage so they can have information that they can work with and facts that they can include in the document. If you can’t afford to hire one, you can use this template and have a trusted friend review the document before filing.

I did not file for a divorce, my spouse did. What does that make me?

If your spouse filed for divorce and created the affidavit, that makes them the applicant and you, the respondent. As the respondent, you will also need to submit an affidavit in response to the one sent to you.

Does a Divorce Affidavit need to be signed by both notary and witness?

Ideally, yes. The Divorce Affidavit should be signed by a notary and by two people to serve as witnesses to its authenticity. But if you have to choose only one, go with a notary. A notary public is an impartial third party who can legally verify the identity of a person. However, they cannot legally give out advice regarding your case.

How does a notary verify my identity?

Like any other affidavits, you need to bring with you a government-issued photo ID. Your driver’s license or passport are perfect examples of it. Once they have verified your identity, the notary will stamp the document and sign it over their printed name.

Once you complete these steps, you’re now ready to file your divorce affidavit or your response to it. For your guidance and easy reference, download our template online and simply fill out all the necessary and relevant details pertaining to your situation, and don’t let the task of crafting one intimidate you.