An Affidavit of Divorce is simply a sworn statement of facts surrounding the actions of the case. An individual getting the divorce or a third party that was witness to an incident of the divorce litigation can write an Affidavit of Divorce.
An Affidavit of Divorce may be considered hearsay by the court, so you may be required to testify to the truthfulness of the document.
An Affidavit of Divorce should include the following:
• An outline of all the facts of the Divorce Affidavit and in chronological order of how they happened.
• Set up the pleading format of the Affidavit of Divorce.
• Write out the facts of the incident to which you are testifying. Each fact should be in short, clear sentences and have numbered paragraphs.
• The signature block should include your signature, your typed name, your address, and your phone number.
• Add the notary block for the sworn statement
• Get the Affidavit of Divorce notarized. Do not sign your Affidavit of Divorce until you are in front of a notary public. File the Affidavit of Divorce with the family law court clerk. If an attorney asked you to write the Divorce Affidavit and did not provide you with one of his Affidavit of Divorce forms, show your Affidavit of Divorce to the attorney.
Always be sure of what you are writing in the document. An Affidavit of Divorce is a sworn statement. If the Affidavit of Divorce is used in court, you will have to appear in court to swear under penalty of perjury that what you wrote in your Affidavit of Divorce is the truth.