An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. The formal requirements of an affidavit usually are:
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.
Texas Affidavit of Desertion of Spouse
Category:
State:
Multi-State
Control #:
US-01651BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Affidavit Of Desertion Of Spouse?
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FAQ
Luckily for you, even if your spouse has the best attorney in Texas, they cannot legally prevent you from dissolving your marriage. As a result, your spouse's ?refusal? can only come in the form of failing to answer when you serve them with divorce papers.
You will need to show the court that you have done your due diligence in trying to locate your spouse to personally serve them the divorce petition. You will usually need to request permission to serve via publication by presenting an affidavit to show what efforts you have made to try and locate them.
You have to provide evidence that your husband abandoned you, he had no intent to return to the marriage, and you and he have lived apart continuously for one year or more. As with any civil lawsuit, you will also need to serve your spouse with notice that you have filed suit for divorce.
Your spouse can still achieve the divorce whether or not you cooperate and sign the papers. The only question is whether or not you agree to the division of property and debts, and the provisions regarding your children. It may be that you just need more information to decide whether the proposal is a fair one.
Yes. Your spouse does not have to sign the final decree for your divorce to be finalized. In Texas, as long as one spouse believes the relationship cannot be fixed, the judge will grant the divorce.
Because Texas is a ?no-fault? divorce state, your refusal to sign divorce papers does not prevent your spouse from getting a divorce. The court will grant a divorce as long as one individual in the marriage files the proper paperwork and cites an inability to fix the relationship.
What if I can't serve the papers because I can't find my spouse? If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.
Unless there is a threat of family violence, of course, the court will not allow someone to exclude another from their marital home. Until determined otherwise, it's their legal property, too. Forcing the spouse to leave the home would deprive them of their property without due process.
