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Definition Affidavit - a written statement of facts that is made under oath and which must be witnessed and signed by a notary or another official authorized to administer oaths.

Application in Divorce Throughout the divorce process, there may be a requirement to file one or more affidavits. An affidavit is nothing more than a sworn statement under oath to the court, but put on paper, signed, and notarized.

The most common affidavits are as follows:

> Affidavit of Consent, a statement that is agreeing with what is presented in the Petition or the Complaint. This is typically signed by the Defendant or Respondent.

> Affidavit of Waiver of Service, a statement acknowledging receipt of a copy of certain legal documents, typically the Petition or Complaint, and it hereby waives the requirement of formal service with a Summons.

> Affidavit of Corroborating Witness, a statement made by a third party verifying that a fact presented in a Petition or Complaint is true to the best of his or her knowledge.

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Affidavit of Consent
The date on the Affidavit of Consent should always be a date after the filing of the Petition or Compliant, because this is actually an answer or appearance to the filed Petition or Complaint.

Contributed on 4/5/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)
Depositions Vs. Affidavits
Some states do not permit Affidavits under certain circumstances and require actual depositions to be taken. The court house will often offer these services or a local recorder service would be available. They will take an oral testimony and provide a written record for the court (which is essentially the same as an affidavit and serves the same purpose).

Contributed on 4/5/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)

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