1. The identification of the place where the affidavit was taken (i.e., the venue);
2. The signature of the affiant (i.e., the person giving the affidavit); and
3. The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer.
It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer=s consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. The following form may be used in most jurisdictions if properly completed.
The Arkansas Affidavit of Desertion of Spouse is a legal document used to declare the desertion of a spouse in the state of Arkansas. When a spouse abandons their marital obligations without any valid reason, the other spouse can initiate legal proceedings and file this affidavit to establish proof of desertion. This affidavit is crucial for individuals seeking a legal separation or divorce based on the grounds of desertion. It helps provide evidence to the court that one spouse has willfully and without justification deserted the other, leaving the marriage and marital duties behind. The affidavit serves as a sworn statement asserting the facts and circumstances of the abandonment. It is important to note that Arkansas recognizes two types of desertion: actual desertion and constructive desertion. In actual desertion, one spouse physically leaves the marital home without the consent of the other spouse and without any intention of returning. Constructive desertion, on the other hand, occurs when one spouse's conduct creates an intolerable environment or renders the marriage completely unbearable, leading the other spouse to leave the marital home. The Arkansas Affidavit of Desertion of Spouse typically contains the following details: 1. Spouse's Information: The affidavit begins by stating the full legal names, addresses, and contact details of both the petitioner (the spouse initiating the action) and the respondent (the spouse accused of desertion). It is essential to provide accurate and up-to-date information to ensure proper communication. 2. Date of Desertion: The affidavit must detail the specific date when the desertion occurred. Providing an exact timeline helps establish a clear starting point for legal proceedings. 3. Circumstances of Desertion: This section requires a detailed description of the circumstances of the desertion. The petitioner should include any relevant information such as the respondent's actions leading to desertion, how long the respondent has been absent, and any attempts made by the petitioner to reconcile or locate the spouse. 4. Effect of Desertion: Here, the petitioner must explain how the desertion has affected the marriage, family, and daily life. This includes any financial hardships or emotional distress caused by the abandonment. 5. Efforts to Locate the Spouse: It is important to mention any efforts made by the petitioner to locate their missing spouse. This may include hiring a private investigator, contacting friends and family, or searching public records. 6. Supporting Evidence: The affidavit should include any supporting evidence, such as photographs, witness statements, or correspondence, that can corroborate the claims made by the petitioner. 7. Statement of Truth: The affidavit concludes with a declaration that the provided information is true and accurate to the best of the petitioner's knowledge. It must be signed and notarized to ensure its authenticity. Overall, the Arkansas Affidavit of Desertion of Spouse is a vital legal document used to prove abandonment in a marriage. It plays a crucial role in divorce or separation proceedings, allowing the court to make informed decisions regarding child custody, spousal support, and property division.
