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 Louisiana Affidavit of Desertion of Spouse is a legal document used to formally declare the abandonment of a spouse by the other party in the state of Louisiana. This affidavit is designed to provide proof and documentation of the act of desertion in order to support legal actions such as divorce proceedings or child custody disputes. In Louisiana, there are two main types of Affidavit of Desertion of Spouse: 1. Uncontested Desertion: This type of affidavit is used when both parties agree and acknowledge that one spouse has willfully left the marriage without any intent to return. It requires the signature and notarization of both spouses, validating their mutual understanding and agreement on the circumstances of desertion. 2. Contested Desertion: In situations where the desertion is disputed or contested by either spouse, a Contested Desertion Affidavit is utilized. This affidavit requires more detailed information and evidence to establish the act of desertion. It may involve providing supporting documentation, witness statements, or other evidence corroborating the desertion claim. The Louisiana Affidavit of Desertion of Spouse typically consists of several key sections. These sections may include: 1. Heading: The affidavit is introduced with a title stating its purpose, such as "Affidavit of Desertion of Spouse in the State of Louisiana." 2. Affine Information: The person filing the affidavit, known as the affine, provides their full legal name, address, contact information, and relationship to the spouse being deserted. 3. Spouse Information: Details of the deserted spouse are provided, including their full name, address, and other relevant identifying information. 4. Desertion Statement: In this section, the affine outlines the specific details of the desertion incident, including the date and circumstances when the spouse abandoned the marriage. It is important to include specific dates, places, and any other relevant facts to support the claim of desertion. 5. Supporting Evidence: Depending on the type of affidavit, this section may require the affine to attach supporting documentation or evidence, such as photographs, emails, letters, or witness statements, to strengthen their case for desertion. 6. Signature and Notary: The affidavit must be signed by the affine and notarized to certify the authenticity of the statements made. Both parties may be required to sign and notarize the document in an uncontested affidavit. The Louisiana Affidavit of Desertion of Spouse serves as a crucial piece of evidence in legal proceedings related to divorce, property division, or child custody. It is essential to consult with an experienced attorney to ensure the accuracy and completeness of the affidavit while navigating the complexities of Louisiana's legal system.
