The Virginia Affidavit of Desertion of Spouse is a legal document used in the state of Virginia to establish the abandonment or desertion of a spouse by their partner. This affidavit serves as evidence to support a divorce or an action for separate maintenance. In order to obtain a divorce based on desertion in Virginia, the filing spouse must prove to the court that their spouse has abandoned them without justification or consent, with the intent to end the marital relationship. The affidavit helps the filing spouse present a sworn statement detailing the circumstances of the desertion. Key points to include in a Virginia Affidavit of Desertion of Spouse: 1. Basic Information: Begin the affidavit by including the full names, addresses, and contact information of both spouses, and their marriage date and place of residency at the time of desertion. 2. Statement of Desertion: Clearly state the date when the desertion occurred and provide a detailed description of the events leading up to the abandonment. This may include incidents, conversations, or actions that illustrate the spouse's intention to end the marriage and live separate and apart. 3. Lack of Consent: Affirm that the desertion was without justification or consent from the filing spouse. Highlight any attempts made by the filing spouse to reconcile or remedy the situation, demonstrating their willingness to preserve the marriage. 4. Duration of Separation: Specify the length of time the spouses have lived apart since the desertion. In Virginia, the period of separation required for a divorce based on desertion is typically one year without interruption. 5. Impact on the Family: Describe how the desertion has affected any children involved, including their emotional well-being and any financial or support obligations that have been neglected. 6. Collusion or Coercion: Declare that there is no collusion or agreement between the spouses regarding the divorce or the circumstances leading to the desertion. Affirm that the content of the affidavit is true and accurate to the best of the filing spouse's knowledge. Additional Types of Virginia Affidavit of Desertion of Spouse: 1. Affidavit of Desertion under VA Code § 20-91(9): This type of affidavit refers to a specific provision in the Virginia Code. It is used when filing for a divorce based on desertion and cruelty in combination. The filing spouse must provide evidence of both desertion and acts of cruelty to obtain a divorce under this statute. 2. Affidavit of Cruelty and Desertion: In some cases, a spouse may allege both desertion and cruelty in their divorce petition. This affidavit highlights incidents of cruelty, physical or emotional abuse, alongside the circumstances of the desertion. Remember, it is crucial to consult an attorney or seek legal advice specific to one's situation when preparing an affidavit or pursuing divorce based on desertion in Virginia. Legal professionals will guide individuals through the process and ensure that they meet all the requirements of the state law.
Virginia Affidavit of Desertion of Spouse
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State:
Multi-State
Control #:
US-01651BG
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Word;
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Description
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.
The Virginia Affidavit of Desertion of Spouse is a legal document used in the state of Virginia to establish the abandonment or desertion of a spouse by their partner. This affidavit serves as evidence to support a divorce or an action for separate maintenance. In order to obtain a divorce based on desertion in Virginia, the filing spouse must prove to the court that their spouse has abandoned them without justification or consent, with the intent to end the marital relationship. The affidavit helps the filing spouse present a sworn statement detailing the circumstances of the desertion. Key points to include in a Virginia Affidavit of Desertion of Spouse: 1. Basic Information: Begin the affidavit by including the full names, addresses, and contact information of both spouses, and their marriage date and place of residency at the time of desertion. 2. Statement of Desertion: Clearly state the date when the desertion occurred and provide a detailed description of the events leading up to the abandonment. This may include incidents, conversations, or actions that illustrate the spouse's intention to end the marriage and live separate and apart. 3. Lack of Consent: Affirm that the desertion was without justification or consent from the filing spouse. Highlight any attempts made by the filing spouse to reconcile or remedy the situation, demonstrating their willingness to preserve the marriage. 4. Duration of Separation: Specify the length of time the spouses have lived apart since the desertion. In Virginia, the period of separation required for a divorce based on desertion is typically one year without interruption. 5. Impact on the Family: Describe how the desertion has affected any children involved, including their emotional well-being and any financial or support obligations that have been neglected. 6. Collusion or Coercion: Declare that there is no collusion or agreement between the spouses regarding the divorce or the circumstances leading to the desertion. Affirm that the content of the affidavit is true and accurate to the best of the filing spouse's knowledge. Additional Types of Virginia Affidavit of Desertion of Spouse: 1. Affidavit of Desertion under VA Code § 20-91(9): This type of affidavit refers to a specific provision in the Virginia Code. It is used when filing for a divorce based on desertion and cruelty in combination. The filing spouse must provide evidence of both desertion and acts of cruelty to obtain a divorce under this statute. 2. Affidavit of Cruelty and Desertion: In some cases, a spouse may allege both desertion and cruelty in their divorce petition. This affidavit highlights incidents of cruelty, physical or emotional abuse, alongside the circumstances of the desertion. Remember, it is crucial to consult an attorney or seek legal advice specific to one's situation when preparing an affidavit or pursuing divorce based on desertion in Virginia. Legal professionals will guide individuals through the process and ensure that they meet all the requirements of the state law.
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