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Divorce Affidavit: How To, Templates & Examples

divorce affidavit

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Two people in love consider marriage as an obvious next step. Marriage is an institution where you commit to accepting all aspects of the other person’s life. All their problems become yours. You become a party to their happiness and sorrow. Marriages come with their fair share of fights. Sometimes those fights escalate beyond control. Sometimes such fights are because of a third party. More often than not, friction in a marriage is caused by the lack of compatibility or the fact that a certain level of indifference builds up over time. In cases like these, the two individuals may choose to get divorced and move in their lives.

When you get married, you register your marriage legally to the state. By doing so you become eligible for availing the benefits of your spouse like medical insurance, allowances amongst others. Since marriage is a legal institution, so is breaking one up.

A divorce can be of two types:

  • Contested: It is also known as a one-sided divorce. One spouse files for divorce in the court and the other contests it. It is more common in cases of cheating or when the divorce is not mutually decided upon.
  • Uncontested: An uncontested divorce is when both parties agree on every aspect of the divorce from the division of assets to the custody of children if any.

Divorce Affidavit:

Divorce Affidavit is a document that shows to the state the willingness of two individuals to separate. It is through this document that an arrangement for the division of assets or custody of children is finalized. Both the spouses undertake an oath on an affidavit document signaling their desire to legally separate. Then this document is sent to court. Once the court approves the document, the divorce gets finalized. A divorce affidavit is a compulsory document in both contested and uncontested divorce.

In cases of joint ownership of assets or where one spouse is dependent on the other, opting for a contested divorce, the court requires a financial affidavit along with the affidavit of divorce. Different states have different names for a financial affidavit. For example, A financial affidavit is referred to as a case information statement in New Jersey, while a statement of net worth in New York means a financial affidavit. The idea behind such a document is to provide details to the court about the current financial situation of the couple. So the court can take an informed decision in cases of contested divorce affidavits. However, it may be excused in cases of uncontested divorce.

A document affidavit of consent is necessary along with the divorce affidavit in cases of uncontested divorce. This document signifies that the couple has, through mutual agreement, divided their assets to the satisfaction of both parties. An affidavit of consent informs the court that there is no need for revisiting their financial arrangements or assets.

Tips for properly drafting a divorce affidavit:

  • It is absolutely imperative that everything mentioned in a divorce affidavit is true to your best knowledge. This is important because the execution of a divorce affidavit is in the presence of a public notary and is under oath. This by extension also applies to your financial affidavit.
  • Be specific. Any details that you mention on your affidavit should refer to precise dates, locations, numbers amongst other things.
  • Rules and conditions for divorce vary from state to state and even internationally. Sometimes even different types of marriages have different divorce procedures. There is a high chance that a specific set of rules will guide your divorce. It is important that you go through the guidelines that govern divorce in your area.
  • As a thumb rule, precise details are better in legal proceedings. The more your attorney knows, the more he can help you. At the same time, make sure that the information that you provide to him is accurate or things might backfire for you real quick.
  • Including exhibits: If you mention any details in your affidavit that need to be referenced or require verification. Mention a sequenced number in brackets beside those details, then create a table at the end of your affidavit with the relevant documents alongside the matching numbers.
  • Avoid using first and second-person pronouns. Use the word plaintiff to refer to yourself. Make sure to use first-person sentences only while verifying the validity of the facts.
  • Do not refer to the judge or jury directly. Make sure to use your honor while referring to the court in your affidavit.

Steps for writing an affidavit for divorce:

  1. Download an affidavit from the district court website of your district. They are also available offline in the court premises.
  2. Make a list of facts you wish to state in the divorce affidavit.
  3. Cross-check your list of facts with the court rules. A copy of said rules can be obtained from the court clerk and is also available online in most places.
  4. Start filling the affidavit form. Ensure that the top portion of the affidavit is filed with relevant details like the names of the parties, case file, and case number.
  5. Next, add the details of the relevant facts in a concise and crisp manner.
  6. Add sequenced numbers in front of all those facts which require proofs like bills or any certification amongst others.
  7. Add photocopies of the said proofs at the end. Make sure to number them accordingly.
  8. Next, you need to sign this affidavit in front of a public notary.
  9. Get the affidavit signed and stamped by the notary as well.
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Document requirements for filing a divorce affidavit in court:

  • Minimum two copies along with the original of the Divorce petition.
  • Minimum two copies along with the original of the supplementing affidavits: The supplementary documents needed for a divorce petition are subject to change according to state and the marriage and divorce. For example, In case the couple has children, an affidavit explaining the custody arrangements and its agreement is necessary. In case of a contested divorce, a financial affidavit explaining the current financial arrangement of the couple is a necessity for the court to decide on alimony.
  • Original marriage certificate and its copies.
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Sample format for a divorce affidavit:

Uncontested divorce affidavit samples:

Sample 1:

Court file no.

Court Registry:

Date:

IN THE COURT OF _____ (Name of place)

I ______ of _________in the city of ________ of _________ affirm that I am the claimant. I humbly submit that there is no possibility of any reconciliation between my spouse and me. There are no joint assets or children arising out of this marriage. I forfeit my right to maintenance or any alimony from this marriage. I further submit that all the attached documents including the marriage certification, financial affidavit, affidavit of consent, letter of custody are correct and true to the best of my knowledge.

I further submit under oath that I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice. Neither to any agreement, understanding, or arrangement to fabricate or suppress evidence or to deceive the court.

Sworn before me at ____ __, this ___ day of _____ of _____

(Name and Signature of the public notary)

_____________

(Name and signature of the applicant)

Sample #1 for Divorce Affidavit

Sample 2:

In the court of Principal Judge, Family Court, ______ (Name of place)

Petition no. ____

Case registry no, ___

In the matter of:

____________

____________

(Name of the Husband and current address)

Petitioner 1

____________

_____________

(Name of the Wife and current address)

Petitioner 2

Petition for Divorce under ________ (mention the relevant act prevalent in your area) for dissolution of marriage on the grounds of mutual consent

It is most humbly submitted that:-

The present petition is being submitted in the court of your honor by the petitioner seeking divorce on mutual consent. The marriage between the petitioners was solemnized on the ______ (mention the date) at _______ (mention the location of marriage registrar). Marriage certificate number _____ is attached in the annexes as proof of the same.

It is humbly submitted that the petitioners lived under the same roof as husband and wife. During their companionship, they realized that there existed a serious difference in their attitudes. Due to the lack of their compatibility, the two parties have been living separately since _____ (mention date of separation). The marriage has broken down irretrievably and it is not possible for them to live together as husband and wife anymore.

It is brought to your honor’s notice that the couple has settled all their issues amicably and there is no issue of contention in this petition. It is humbly requested that the court accept this present petition and grant a decree of divorce between the parties, thereby dissolving the marriage.

Verification:

I submit under oath that the submissions made under this affidavit and the attached annexes are true to my best knowledge and the advice of my counsel. No part of this affidavit is false and neither has any relevant information been concealed in this regard.

_______________

_______________

(Signatures of petitioner 1 and petitioner 2)

Place: ________

Date: _________

Sample #2 for Divorce Affidavit
Sample #2 for Divorce Affidavit

Sample 3:

In the court of _______ county, state of __________

Petition no. ____

Case registry no, ___

Date _______

Between

_______________ (Mention the name of wife) of __________, ________ (mention address).

And

_______________ (mention the name of husband) of _______, ________ (mention address).

Affidavit of Consent

The facts of the case are as follows:

Marriage between the plaintiff and defendant has broken down beyond repair. All efforts at reconciliation have failed. A petition for divorce has been filed between both the parties on ______ (mention date).

I, the ______ (plaintiff/ defendant) consent to agree upon the final judgement of this court. I make this declaration in full awareness that a loss of rights regarding alimony, legal fees etc might occur if I do not raise these issues before the divorce is final.

I certify under oath that all the facts mentioned above are to the best of my knowledge. I take full responsibility for legal action in case any of the said facts turn out to be incorrect.

____________

(Affix name and signature)

Date: ________

Consented Divorce Affidavit Samples:

Sample #3 for Divorce Affidavit

Sample 4:

In the court of Principal Judge, Family Court, ______ (Name of place)

Petition no. ____

Case registry no, ___

In the matter of:

Petitioner:

____________

____________

(Name of the Husband/ Wife and current address)

Against

Defendant:

____________

_____________

(Name of the Wife/ Husband and current address)

Petition for Divorce under ________ (mention the relevant act prevalent in your area) for dissolution of marriage.

It is most humbly submitted that:-

The present petition is submitted in the court of your honor by the petitioner seeking a divorce. The marriage between the petitioners was solemnized on the ______ (mention the date) at _______ (mention the location of marriage registrar). The annex holds marriage certificate number _____ as proof of the same.

It is humbly submitted that the petitioners lived under the same roof as husband and wife. During their companionship, they realized that there existed a serious difference in their attitudes. Due to the lack of their compatibility, the two parties have been living separately since _____ (mention date of separation). The marriage has broken down irretrievably and it is not possible for them to live together as husband and wife anymore. All attempts at reconciliation have failed.

The plaintiff further submits that she is dependent on the defendant for survival. The details of their financial arrangements have been attached with this affidavit of divorce in the form of a financial declaration. It is humbly requested that the court accept this present petition and look into the facts to grant a reasonable decree of divorce between the parties, dissolving the marriage.

Verification:

I submit under oath that the submissions made under this affidavit and the attached annexes are true to my best knowledge and the advice of my counsel. No part of this affidavit is false and neither has any relevant information been concealed in this regard.

_______________

_______________

(Signatures of petitioner)

Place: ________

Date: _________

Sample #4 for Divorce Affidavit
Sample #4 for Divorce Affidavit

Sample 5:

In the court of Principal Judge, Family Court, ______ (Name of place)

Petition no. ____

Case registry no, ___

In the matter of:

Petitioner:

____________

____________

(Name of the Husband/ Wife and current address)

Against

Defendant:

____________

_____________

(Name of the Wife/ Husband and current address)

Petition for Divorce under ________ (mention the relevant act prevalent in your area) for dissolution of marriage.

It is most humbly submitted that:-

The present petition is submitted in the court of your honor by the petitioner seeking a divorce. During their companionship, they realized that there existed a serious difference in their attitudes. The marriage has broken down irretrievably and it is not possible for them to live together as husband and wife anymore. All attempts at reconciliation have failed.

The plaintiff further submits that she is dependent on the defendant for survival. The details of their financial arrangements have been attached with this affidavit of divorce in the form of a financial declaration. It is humbly requested that the court accept this present petition and look into the facts to grant a reasonable decree of divorce between the parties, dissolving the marriage.

_______________

_______________

(Signatures of petitioner)

Place: ________ Date: _________

Sample #5 for Divorce Affidavit
Sample #5 for Divorce Affidavit
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