Nassau New York General or Common Law Affidavit

State:
Multi-State
County:
Nassau
Control #:
US-00479BG
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. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.



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 officers 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. This is ordinarily done in the introductory paragraph to the affidavit.



The following form is a very basic and general form which can be used in most jurisdictions if properly completed.


How to fill out General Or Common Law Affidavit?

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FAQ

To commence a special proceeding you need to file the following with the County Clerk's Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.

Any party may file the note of issue after issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21.

A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies.

In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.

In order to become legally separated, you and your spouse would likely enter into a Legal Separation Agreement. This is a binding agreement, signed by both parties in front of a notary, which will address all the same major issues that would be addressed if you were to be granted a divorce.

To inquire about these services, go to the Nassau County Department of Social Services Support Collection Unit at 60 Charles Lindbergh Blvd, Uniondale, NY; or call the Customer Service/Child Support Helpline at 1-888-208-4485 and choose "general child support information" when prompted; or visit the New York State

In New York, there are two ways to become legally separated. The first is by entering into a separation agreement and the second is by asking the court for a separation judgment. Judgments can be granted based on any of the following grounds: Cruel and inhuman treatment.

Here's how to file for legal separation.Step 1: Confirm Your State's Residency Requirements.Step 2: Move to File for Separation Petition.Step 3: Move to File Legal Separation Agreement.Step 4: Serve Your Spouse the Separation Agreement.Step 5: Settle Unresolved Issues.Step 6: Sign and Notarize the Agreement.More items...?

There is a filing fee of $210. § An Agreement cannot take into consideration any time during which you have already been separated. You are only Legally Separated when the Agreement is notarized by both parties.

In New York, there are two ways to obtain a legal separation:Amicably resolve differences and memorialize them in a settlement agreement; or.Fle an Action for Separation with the court to get a Judgment of Separation in a contested proceeding.

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Nassau New York General or Common Law Affidavit