Both spouses usually file an affidavit at least once during a divorce proceeding. An affidavit is a written and signed statement that swears to information for legal purposes. Affidavit types vary in a divorce case. You might need to file a financial affidavit -- a statement of the current household finances -- during a divorce or provide an affidavit confirming your petition or the divorce grounds.
Obtain the court affidavit form and court rules for the type of divorce affidavit you're completing. Court clerk offices typically have a form and a printout of the rules you must follow for required divorce affidavits.
List all the facts you'll be swearing to in the affidavit. Gather any supporting papers for reference to avoid making mistakes. For example, if the affidavit is required to affirm your divorce petition, use the petition as a guide to make sure you're addressing all the facts in the petition in the order shown. If you're preparing a financial affidavit, gather all your bills and financial records, such as bank statements and paystubs.
Review the court rules for the affidavit. Note what you can't and can state on the affidavit and what type of format is needed for the body -- the paragraph of facts you'll write out in the blank middle section of the document. For example, for an affidavit attesting to the divorce petition, the court might require that you list each petition fact you're affirming on the affidavit on its own line. Keep the rules nearby for reference when completing the body.
Complete the top part of the affidavit. The format varies by area, but most divorce affidavit forms have a blank space for the names of both parties and the case number near the top. Insert the court name and location, if necessary. Insert your name on the first line of the affidavit, usually within an already printed phrase -- e.g., "I (name here) state and affirm" or "I (name here) depose and swear" -- that indicates you're swearing to the contents below.
Enter your facts into the body. Follow the court rules and use the documents you gathered for reference. State facts and don't include details that aren't relevant to what you're attesting to. For example, for an affidavit attesting to the facts in the petition, stick to the facts from the petition. Don't include opinions or go into things you didn't include on your petition.
Sign and date the affidavit in front of a notary. The court should have notarial services available, or you can go to a local bank. Return the affidavit to court or your attorney but make a copy for yourself first.
Tips & Warnings
- Affidavits regarding martial misconduct, such as adultery, become part of the court file. Although the record is sealed, the attorneys and judge still see the document, so use appropriate wording.
References & Resources
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