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