This means that you use “I “ statements. Affiant: Person who writes and/or files the affidavit. If there are supporting documents, you must organize them and label them by letter (Exhibit A, Exhibit B, etc.). This article was co-authored by Clinton M. Sandvick, JD, PhD. We have all the tools and downloadable guides you need to do your job faster and better - and it’s all free. This can enhance the legal validity of the document. The relationship of the affiant to the litigant(s). Most affidavits can be completed by any person but they must be notarized before they are considered valid. Read it carefully now—or deal with the potential consequences later. Typically, this affidavit is used to establish the legal heirship of the deceased if they died without a valid will. You can also find sample affidavits online. Thanks to all authors for creating a page that has been read 1,972,782 times. AFFIDAVIT OF NAME CHANGE: this is an affidavit that is used to prove that you have changed your name and that both names (the old one and the new one) belong to the same person. 1. Never include false information in an affidavit. When preparing an affidavit, users should follow some simple tips to ensure the document looks and sounds official. You can begin by numbering each paragraph and listing facts in a chronological order. This section of your affidavit is used to swear that your telling of the facts is accurate to the best of your knowledge. An affidavit is used in the United States. This helps clarify to the court that everything in the affidavit is your personal statement. Not quite! This sworn statement of facts is provided to the Courts or other government agencies to aid in proceedings like divorces, custody battles, and division of estate matters. Affidavit Writing Process. While it is common for adults over the age of 18 to make affidavits, on rare occasion, minors are asked to do so in family court proceedings. If the affidavit will be submitted before the court, … During the legal separation and divorce process, you will provide a financial affidavit. The vision of a criminal hunched over a table in a police interrogation room being told to sign the affidavit detailing their crime paints a pretty scary picture of affidavits. Even if you know a name and not their address, make sure that you still provide the information you do have. Otherwise, the affiant could be charged with the crime of perjury. Arrange the facts in a coherent manner. For example, you could start with “Affidavit of,” followed by your name. The title of your affidavit just needs to tell the person reading it what your sworn statement is going to be about. For example, if you were writing an affidavit providing an alibi for someone accused of a crime, you would need to include your relationship to that person in your statement of identity. Officials certified to witness such documents may vary from state to state, but generally include: If a person is unsure which officials in their area can certify an affidavit, he can inquire at the local courthouse. Short, "I have been having trouble finding the correct form for an affidavit concerning the marriage status of my late wife, "I'm studying criminal procedure in college, and we had to write an affidavit.