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Divorce Affidavit and Financial Affidavit Forms



How to Make an Affidavit in Divorce

A divorce affidavit, when written properly, simplifies the legal process involved in dissolving a marriage. The person writing this statement, the deponent, must swear to its truth. Depending on where the divorce will be occurring, more than one type of affidavit may be required.

A divorce affidavit may be filed with the court as part of the initial request to dissolve a marriage. Often referred to as a Complaint Affidavit or a Dissolution of Marriage Affidavit, this form is used in many divorces. In a "no-fault' divorce, a divorce affidavit also serves to let the court know that both parties agree to the divorce terms and wish to move forward with the divorce.

An affidavit of consent must also be signed by both parties. This affidavit is used to show that the defendant agrees with the plaintiff that the marriage cannot be fixed and the request for a divorce is agreed to. This form is filed after the initial paperwork has been served. The affidavit of consent must contain the date this paperwork was served and all information must be accurate.

Military Affidavit

Many states require, in all divorce cases, that a non-military service affidavit be filed. Military members who are defendants in a divorce may be excused from court proceedings. Those who aren't in the military must appear in court or file this document. Only when this paper has been filed, will the court excuse the defendant from appearing. When this is the case, the divorce proceeds uncontested and terms set in the original divorce affidavit are followed.

Financial Affidavit

Divorce settlements are built around a financial affidavit. Not only is this document used to determine how assets and liabilities will be divided between the two parties, child support and alimony can be calculated using the information contained on this form. On this form, each party lists their weekly income, personal property, assets and bills. All financial information must be entered on this report, including boats, businesses, vacation homes and the like. Each spouse fills out this form individually.

The above affidavits may be easily filled out by the parties in the divorce. US Legal Forms offers a wide variety of professionally prepared divorce affidavits that can be filled out from the convenience of your own computer. Your local court clerk office should have divorce affidavit information, along with any rules which must be followed when completing the paperwork. Errors and omissions may lead to a delay in the divorce proceedings so care must be taken when filing the paperwork out. Affidavit forms must be notarized, so do not sign the affidavit until you are with the notary. Divorce is a very difficult process for all involved. The sooner the process is completed, the sooner life can move forward for all involved.


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