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.
Washington 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
Even if he or she abandons the house, it may not apply to the relationship or domestic matters in the courts. In the standard case, the leaving of the house will not affect the rights and interest in the marital home. The one aspect that the person will lose is the right to what happens inside the house or on the land.
In Washington State, a marriage annulment is called a ?Declaration of Invalidity?. Such declarations are granted by the court under specific, special circumstances only. The ruling legally declares the marriage invalid from the beginning, essentially claiming the marriage never technically existed and was never valid.
The classic case of abandonment arises where one spouse simply leaves the marital abode without consent or justification. However, abandonment can also be established where one spouse forces another to be excluded, such as by changing the locks on the shared home.
When one spouse files a Petition for Dissolution, the other spouse may join in the Petition. If both spouses are in agreement and file the Petition together, they must wait 90 days from the date of filing. This would be the shortest possible time for a dissolution.
Spousal abandonment is a form of misconduct in matrimonial law. One spouse moves out of the family home without justification, without the other partner's consent, and without the intention of coming back. That partner also halts financial support.
If either spouse, or the guardian of an incompetent spouse, or in some cases, the legal spouse or child of either spouse wants to ask the court to declare that the marriage is invalid, then the person requesting the declaration should file a Petition for Declaration Concerning Validity.
For long-term marriages (over 25 years), the court will usually try to put both parties in an equal financial position for either the remainder of their lives or until both parties retire. The idea is that after 25 years, the parties should be recognized as financially equal partners.
(1) Except as provided in subsection (2) of this section, any person who has a child dependent upon him or her for care, education or support and deserts such child in any manner whatever with intent to abandon it is guilty of the crime of family abandonment.
