Wake North Carolina General or Common Law Affidavit

State:
Multi-State
County:
Wake
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

North Carolina does not recognize common law marriages. Under N.C. Gen. Stat. § 51-1, a marriage may only be created in the presence of an ordained minister of any religious denomination, or a magistrate, and with the declaration by the minister or magistrate that the parties are joined by matrimony.

North Carolina does not recognize common law marriage arising in the state. However, a few states, including Iowa, South Carolina, and Colorado, and Texas do recognize common law marriages.

How to Prove Common Law Marriage in TexasNeither party is already married, either formally or informally, to anyone else at the time the marriage was created.Both parties are at least 18 years old.Neither party can have had a divorce in the previous 30 days.The parties cannot be too closely related to one another.

So you've been with your partner for a long time. It's time to start considering yourselves common-law married, a sort of "marriage-like" status that triggers when you've lived together for seven years.

Does North Carolina Recognize Common-Law Marriage? North Carolina is not a common-law marriage state. Couples in North Carolina who want to get married have to go through the official process of getting a marriage license from the state and meeting all the necessary requirements.

Once a marriage license is obtained, you may be married immediately. No waiting period is required. You must marry within 60 days of the license being issued or the license expires.

Even though there is no marriage ceremony or certificate, this marriage is considered valid in those states that recognize common law marriage. North Carolina is not one of those states, and no amount of living together in this state can result in a valid marriage, without a valid marriage ceremony.

Even though there is no marriage ceremony or certificate, this marriage is considered valid in those states that recognize common law marriage. North Carolina is not one of those states, and no amount of living together in this state can result in a valid marriage, without a valid marriage ceremony.

While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested in order to "prove" the marriage.

So you've been with your partner for a long time. It's time to start considering yourselves common-law married, a sort of "marriage-like" status that triggers when you've lived together for seven years.

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Wake North Carolina General or Common Law Affidavit