An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. The formal requirements of an affidavit usually are:
1. The identification of the place where the affidavit was taken (i.e., the venue);
2. The signature of the affiant (i.e., the person giving the affidavit); and
3. The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.
It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer=s consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. The following form may be used in most jurisdictions if properly completed.
Arkansas Affidavit of Desertion of Spouse
Category:
State:
Multi-State
Control #:
US-01651BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Affidavit Of Desertion Of Spouse?
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FAQ
Abandoning spouse presumed dead. In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed.
To file for a divorce in Arkansas you must have lived in Arkansas for 60 days before filing and have grounds for divorce. The the most commonly used grounds for divorce are "general indignities" and "separation for 18 months." The grounds must have happened within the last five years.
What if I can't serve the papers because I can't find my spouse? If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.
For a no-fault divorce in Arkansas you need to state in the Complaint that ?the parties have been voluntarily living separate without cohabitation for 18 continuous months.? You will need to offer either an affidavit of a witness (in an uncontested case), or the testimony of a witness (in a contested case), who can ...
This is called an ?uncontested divorce.? If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.
However, as long as you can prove fault or prove that you and your spouse have been living separate and apart for at least 18 months, then the court will grant your divorce. You will have to be prepared to put on proof of fault or 18 months of separation. You can do this through witnesses or documentary evidence.
The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings. In every state, one spouse is able to file for divorce without the other's involvement or approval. So, even if you can't find your spouse, you can still file for divorce.
