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.
The Utah Affidavit of Desertion of Spouse is a legal document that serves as proof of abandonment or desertion by one spouse towards another in the state of Utah. This affidavit enables the deserted spouse to establish their case in a court of law by providing necessary evidence of the abandonment. Desertion of a spouse refers to the intentional act of leaving one's spouse without a valid reason, breaking the marital duty of support and companionship. This document is crucial for individuals who wish to dissolve their marriage or seek legal remedies due to the abandonment of their spouse. In Utah, there are different types of Affidavits of Desertion of Spouse based on specific circumstances and legal requirements. These types include: 1. Standard Utah Affidavit of Desertion of Spouse: The standard affidavit is used when one spouse has willfully abandoned the other without any valid legal reason or justification. It demands factual evidence and specific details regarding the abandonment, such as dates, places, and any supporting documentation. 2. Utah Affidavit of Desertion with Child Custody: This type of affidavit is used when the deserting spouse has also abandoned any minor children involved in the marriage. It not only establishes the desertion grounds but also addresses child custody and support matters in accordance with Utah's family laws. 3. Utah Affidavit of Desertion with Property Division: In cases where the abandoning spouse has left behind joint marital property, this affidavit is used to establish the grounds for desertion while also addressing the division of assets and debts between the spouses. It aims to ensure fair distribution based on Utah's equitable distribution principles. 4. Utah Affidavit of Desertion of Spouse for Divorce: When seeking a divorce based on grounds of desertion, this affidavit is used in conjunction with other divorce documents in Utah courts. It outlines the reasons for divorce and provides evidence of the deserted spouse's attempts to reconcile or their acceptance of the abandonment. To draft an accurate Utah Affidavit of Desertion of Spouse, it is crucial to gather pertinent information such as dates and locations of desertion, any documentation of communication or attempts to reconcile, and any witnesses or third-party accounts that can support the claim of desertion. It's important to note that while an Affidavit of Desertion can establish grounds for certain legal actions, it is always advisable to consult with an experienced family law attorney in Utah to ensure proper legal guidance and support throughout the process.