Divorce Affidavit

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

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.