Affidavit
A written statement of facts made under oath and signed before a notary or authorized officer. Affidavits are used extensively in divorce proceedings as evidence.
Understanding Affidavit
Affidavits serve as sworn testimony in written form and are used throughout divorce cases for financial disclosures, custody declarations, requests for temporary orders, and service of process. Because they are made under oath, lying in an affidavit constitutes perjury. Courts rely heavily on affidavits in hearings where live testimony is not practical, such as motions for temporary support or protective orders.
Real-World Examples
A mother submits an affidavit detailing her spouse's erratic behavior to support her request for temporary sole custody.
Related Terms
A formal out-of-court testimony given under oath and recorded by a court reporter. Depositions are a key part of discovery in contested divorces.
DiscoveryThe formal legal process of exchanging information and documents between parties in a divorce. It includes interrogatories, requests for production, depositions, and subpoenas.
Ex ParteA court hearing or order requested by one party without the other party being present or notified in advance. Used in emergencies involving immediate danger.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.