How to Write an Affidavit for a Divorce

By Cayden Conor

During a divorce, an affidavit is often required. An affidavit is simply a sworn statement. The individual involved in the incident at hand or a third party that was witness to an incident can write an affidavit. Affidavits may be considered heresay by the court, so you may be required to testify to the contents of the affidavit. Divorce affidavits also include financial affidavits and affidavits of non-military service.

Outline the incident you will be swearing to in the affidavit. Make sure that you have all the facts and the facts are in correct order prior to writing the affidavit.

Set up the affidavit pleading format. You must have the case style at the top of the affidavit. The case style includes (depending on the court) a version of the following:

(Top three lines of the style, centered, all caps and bolded.)

"IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT" "IN AND FOR HILLSBOROUGH COUNTY, FLORIDA" "FAMILY LAW DIVISION"

Just under the caption, the names of the plaintiff (petitioner in family law) and defendant (respondent in family law), along with the case number and other identifying information required by your local court should appear.

Just under the identifying information, the title of the pleading should be centered, bolded and underlined: "AFFIDAVIT OF [YOUR NAME]"

Create the foreword. Identify yourself in the foreword. If you are a third party, you are the affiant. If you are one of the parties to the divorce, you are the petitioner or respondent.

Write out the facts of the incident to which you are testifying. Each fact should have it's own numbered paragraph. Write short, clear sentences. You can expound on each sentence if needed, but each paragraph should be no more than four to five sentences.

Write "Further Affiant sayeth naught on this __ day of [month], [year]" at the bottom of the affidavit. This is not numbered. Right below that, include your signature block (sig block). The sig block includes your signature, your typed name, address and phone number.

Add the notary block for the sworn statement. You will need a signature line for yourself in the notary block, plus a sig block for the notary public. You do not have to create a full sig block for yourself in the notary block.

Notarize the affidavit. Do not sign your affidavit until you are in front of a notary public. File the affidavit with the family law clerk of court. If an attorney asked you to write the affidavit and did not provide you with one of his forms, show the affidavit to the attorney. He may want to file it himself, or he may ask you to file the affidavit.

About the Author

Cayden Conor has been writing since 1996. She has been published on several websites and in the winter 1996 issue of "QECE." Conor specializes in home and garden, dogs, legal, automotive and business subjects, with years of hands-on experience in these areas. She has an Associate of Science (paralegal) from Manchester Community College and studied computer science, criminology and education at University of Tampa.