An affidavit is an important document in a divorce which can simplify the legal process if it is written properly. Legally, an affidavit is a written statement which is sworn to be true by the person writing it, also known as the deponent. During a divorce there are a few types of affidavits which may be used during the process to offer the judge more information to make a judgment. Depending on the state in which the divorce is taking place, there are different types of affidavits that are required.
The initial affidavit to be filed with the court is the Divorce Affidavit which is also known as the Dissolution of Marriage Affidavit, or Complaint Affidavit depending on the state. The plaintiff files this affidavit as a request to dissolve the marriage. In a simple divorce this would be considered a "no-fault" divorce which means that the parties are in agreement with the terms of the divorce and both want to go forward with the process.
Affidavit of Consent
The Affidavit of Consent is signed by both parties in the divorce process. This affidavit shows that the defendant is in agreement with the plaintiff that the marriage has irretrievably broken down and they agree with the request for a divorce. This is filed after the initial Divorce Affidavit paperwork has been served to the defendant. An Affidavit of Consent contains the date which the papers were served and all the information in the affidavit must be accurate.
Non-Military Service Affidavit
Even during a simple divorce process, a non-military service affidavit is required in many states. If a defendant does not appear in court for the divorce process they may be excused if they are a military member. If they are not a military member, this affidavit must be filed to show that their absence from court is inexcusable and the divorce will proceed uncontested and follow the terms set forth by the plaintiff in the initial Divorce Affidavit.
The Financial Affidavit is the most important affidavit in a simple divorce process because it allows the judge to make a judgment that is fair for both parties involved. A Financial Affidavit contains the financial information of both parties, including their weekly income, assets, bills, personal property and other financial information. The financial affidavit must be completely accurate as it is used to determine child support, alimony and the division of all assets for both parties.
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