"Divorce Affidavit Form"

What Is a Divorce Affidavit?

A Divorce Affidavit is a document where a couple makes an oath that they mutually agree to divorce. The instrument becomes a legally binding document that the divorce proceedings will move forward and allows for both parties to list their reasonings for seeking a divorce.

Alternate Name:

  • Affidavit for Divorce.

You can download a printable Divorce Affidavit through the link below.

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How to Write an Affidavit for Divorce?

The Divorce Affidavit format does need to be followed correctly for it to be used as a legal document, so it is important to leave out feelings and emotions and stick only to factual statements.

You will want to begin the affidavit with a brief title that describes what the sworn statements will talk about (for example, "The Divorce of John & Jane Doe"). If you know you will be going to court during the divorce process, you will also want to include the case caption. Next, the couple will need to write individual Statements of Identity. This statement must include the person's name, age, job title, where you live, and any other information that will be relevant to the case. If there are any claims you plan to make later in your statement, this is where you will need to detail the facts to later support your argument.

Once those first two steps are complete, both individuals will need to write a statement of truth, written in first person, where you agree to tell the complete truth throughout the affidavit.

Now you will begin stating the facts for why you are seeking divorce. You will want to list any and all relevant information, and this will often be the longest section of an affidavit. There is no limit to how long this part may be. When possible you will want to include names, dates, locations, addresses, and times to further support your affidavit. One way to help make sure all the facts are arranged clearly is to write an outline for each reason for divorce.

Once each individual has completed their Affidavit of Divorce, you will then write another statement of truth to again verify that everything each person has written is entirely truthful to the best of your knowledge. Finally, you will then sign and notarize the document. Note, you can complete most of the affidavit before having it notarized, except for the signature sections, which must be completed in the presence of the notary who will act as a witness.


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Divorce Affidavit
State of _____________________
County of ___________________
BEFORE ME, the undersigned Notary Public, duly commissioned and legally qualified
in and for the County and State aforesaid, personally came and appeared
____________________ (the Petitioner) who, being first duly sworn, did depose and say
that:
1. They are duly authorized to make this affidavit.
2. On ____________________, they and ____________________ (the Defendant)
separated and they have not lived together as man and wife since that date.
3. The Petition for Divorce was filed on ____________________, and the Defendant
accepted service on ____________________. The parties have lived separate and
apart for more than ________ days prior to the filing of the petition.
4. The Rule for Divorce was filed on ____________________, and service was had
on the Defendant on ____________________.
5. The Petitioner desires a divorce from the Defendant, ____________________
pursuant to ________________________________________.
_________________________________
Printed Name of Notary Public
_________________________________
Signature of Notary Public
My commission expires: ___________________
(seal)
© ​
T EMPLATEROLLER.COM
Divorce Affidavit
State of _____________________
County of ___________________
BEFORE ME, the undersigned Notary Public, duly commissioned and legally qualified
in and for the County and State aforesaid, personally came and appeared
____________________ (the Petitioner) who, being first duly sworn, did depose and say
that:
1. They are duly authorized to make this affidavit.
2. On ____________________, they and ____________________ (the Defendant)
separated and they have not lived together as man and wife since that date.
3. The Petition for Divorce was filed on ____________________, and the Defendant
accepted service on ____________________. The parties have lived separate and
apart for more than ________ days prior to the filing of the petition.
4. The Rule for Divorce was filed on ____________________, and service was had
on the Defendant on ____________________.
5. The Petitioner desires a divorce from the Defendant, ____________________
pursuant to ________________________________________.
_________________________________
Printed Name of Notary Public
_________________________________
Signature of Notary Public
My commission expires: ___________________
(seal)
© ​
T EMPLATEROLLER.COM