During a divorce, an affidavit is often required. An affidavit is simply a sworn statement. The individual involved in the incident at hand or a third party that was witness to an incident can write an affidavit. Affidavits may be considered heresay by the court, so you may be required to testify to the contents of the affidavit. Divorce affidavits also include financial affidavits and affidavits of non-military service.
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Outline the incident you will be swearing to in the affidavit. Make sure that you have all the facts and the facts are in correct order prior to writing the affidavit.
Set up the affidavit pleading format. You must have the case style at the top of the affidavit. The case style includes (depending on the court) a version of the following:
(Top three lines of the style, centred, all caps and bolded.)
"IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT" "IN AND FOR HILLSBOROUGH COUNTY, FLORIDA" "FAMILY LAW DIVISION"
Just under the caption, the names of the plaintiff (petitioner in family law) and defendant (respondent in family law), along with the case number and other identifying information required by your local court should appear.
Just under the identifying information, the title of the pleading should be centred, bolded and underlined: "AFFIDAVIT OF [YOUR NAME]"
Create the foreword. Identify yourself in the foreword. If you are a third party, you are the affiant. If you are one of the parties to the divorce, you are the petitioner or respondent.
Write out the facts of the incident to which you are testifying. Each fact should have it's own numbered paragraph. Write short, clear sentences. You can expound on each sentence if needed, but each paragraph should be no more than four to five sentences.
Write "Further Affiant sayeth naught on this __ day of [month], [year]" at the bottom of the affidavit. This is not numbered. Right below that, include your signature block (sig block). The sig block includes your signature, your typed name, address and phone number.
Add the notary block for the sworn statement. You will need a signature line for yourself in the notary block, plus a sig block for the notary public. You do not have to create a full sig block for yourself in the notary block.
Notarise the affidavit. Do not sign your affidavit until you are in front of a notary public. File the affidavit with the family law clerk of court. If an attorney asked you to write the affidavit and did not provide you with one of his forms, show the affidavit to the attorney. He may want to file it himself, or he may ask you to file the affidavit.
Tips and warnings
- If you are asked to complete a family law financial affidavit or an affidavit of non-military service, the attorney requesting these documents should give you his forms to fill out. Forms for these pleadings can also be acquired from your local clerk of court's office. If the clerk has the forms online, you can also download the forms.
- Always be sure what you are writing. An affidavit is a sworn statement. If the affidavit is used in court, you may have to appear in court to swear that what you wrote in your affidavit is the truth.
- This article was not written by an attorney. Non-attorneys cannot give legal advice. This article should not be used as legal advice. If you have a legal problem, contact an attorney in your county for legal advice.