Florida Affidavit of Desertion of Spouse

State:
Multi-State
Control #:
US-01651BG
Format:
Word; 
Rich Text
Instant download

Description

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.

How to fill out Affidavit Of Desertion Of Spouse?

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FAQ

In most Florida divorces, including Florida simple divorces, a financial affidavit must be filed.

Actual or physical abandonment occurs when one spouse leaves the marital home and either never returns or never intends to return. Physical abandonment can occur even if the spouse in question leaves their physical possessions behind.

Four Types of Marital Abandonment You Need to Know About Physical Abandonment. Physical abandoment can occur even when the body remains in the shared home. ... Attentional Abandonment. We all want to be seen, especially by the person that we love. ... Emotional Abandonment. ... Spiritual Abandonment.

In most family law cases, including divorces, child support cases, and modifications of alimony or child support, each party will be required to complete a Family Law Financial Affidavit. A financial affidavit is generally not required for adoptions, injunctions, and uncontested divorces.

Financial Affidavits outline each party's source(s) of income, as well as expenses, assets, and liabilities. And, when they are filed, they become part of the public record, accessible by anyone.

Without complete financial disclosure, the divorce agreement will not be recognized by the state of Florida. The Family Law Financial Affidavit is required by Florida statute. While many factors are taken into consideration, income is a major factor in almost all divorce and family law cases.

In order for one spouse to force the other out, one of several things can occur. The quickest route to temporary exclusive use and possession is for a spouse to petition the Court for a domestic violence injunction, or a restraining Order.

The requirement that each party file a completed Financial Affidavit cannot be waived and the Affidavit must be filed. If you and the other party agree to waive the requirements of the Mandatory Disclosure Rule you may file a Waiver of Mandatory Disclosure with the court.

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Florida Affidavit of Desertion of Spouse