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A Guide to Writing the Correct Louisiana Affidavit
Are you looking forward to write an affidavit in Louisiana? If so, you'll need to follow the rules for writing one in Louisiana. This guide will outline everything you need to know when writing an affidavit and what you need to include.
What is an Affidavit?
An affidavit is a legal document in which you state facts that you swear are true. This document is then signed in front of a notary public. The notary public witnesses your signature and attests to the truthfulness of your statements.
In Louisiana, different affidavits can be used for various purposes, as follows.
Divorce Affidavit Form
A divorce affidavit is a sworn statement that you or your spouse make to the court during divorce proceedings. This document sets forth facts about your marriage, divorce and any children involved.
It may also include issues like a request for child support, spousal support, or property division.
Common Law Marriage Affidavit
A common law marriage affidavit is a sworn statement that you and your spouse make to the court to establish that you are married under common law. For a common law marriage to be recognized in Louisiana, you must prove that you and your spouse have cohabited for at least 365 days and that you have held yourselves out as husband and wife.
Child Support Affidavit
A child support affidavit is a sworn statement that you or your spouse make to the court to establish the amount of child support that should be paid. This document provides facts about your income, expenses and children's needs. It may also be used to request your children's health insurance or set up a trust fund for their future education.
What Should You Include in a Louisiana Affidavit?
When you're writing an affidavit in Louisiana State, there are certain things that you'll need to include to make it legally binding. First, you'll need to state your full name and address. You'll also need to provide a brief description of the purpose of the affidavit.
Next, you'll need to state the facts you swear are actual. These facts should be stated clearly and concisely. You'll also need to sign the affidavit in front of a notary public.
Finally, you'll need to have the affidavit notarized. This can be done by signing it in the presence of a notary public or by having it witnessed by two people who are over the age of 18. Once the affidavit is notarized, it will be legally binding.
Louisiana divorce law requires that all divorce affidavits be signed under oath and notarized. If you do not follow this requirement, your divorce affidavit will not be accepted by the court.
Louisiana Affidavit Vs. Statutory Declaration
It's important to note that an affidavit differs from a statutory declaration. A statutory declaration is a similar legal document in which you state facts that you swear are true. However, a statutory declaration is not witnessed by a notary public and notarized. As such, it is not as legally binding as an affidavit.
While an affidavit and a statutory declaration involve swearing to the truthfulness of certain statements, only an affidavit is legally binding. Therefore, if you need to make a sworn statement but do not want to be held to the same legal standards as an affidavit, you can opt to make a statutory declaration instead.
So, where and how do you get an affidavit form in Louisiana? You can download a form here at forms.legal website if you need to create any type of affidavit. Our template will serve as a guide to help you write your affidavit. All you have to do is to enter your information into the form and take print. Then, please take it to a notary public to have it witnessed and notarized.