Understanding the Elements and Types of Virginia Affidavits

Do you need an affidavit in Virginia? If yes, you may wonder what the different types of affidavits are and what to include to make the document valid. Keep reading to understand everything you should know about the affidavit.

What Is an Affidavit?

An affidavit is a written or printed statement of facts made voluntarily by an individual under oath or affirmation administered by a person authorized to do so by law. In other words, an affidavit is a sworn statement that can be used as evidence in court.

Who Can Prepare a Virginia Affidavit?

Anyone 18 years or older and not under duress can make an affidavit. The person must have accurate details on the case at hand. The person, in this case, is known as the affiant or deponent.

Types of Virginia Affidavits

Different types of affidavits can be used for various purposes in Virginia-

General Affidavit

A general affidavit is a sworn statement that sets forth the facts supporting a claim. It can be used for various purposes, such as divorce, child support, or common law marriage.

Divorce Affidavit Form Virginia

Suppose you want to file for divorce in Virginia. In that case, you will need to submit a divorce affidavit form along with other required divorce documents. This document establishes that you have grounds for divorce and sets forth the facts supporting your claim.

Common Law Marriage Affidavit

If you want to establish a common law marriage, you must submit a standard law marriage affidavit. This document sets forth the facts supporting your claim that you meet the requirements for a common law marriage.

Child Support Affidavit

If you are seeking child support in Virginia, you may be required to submit a child support affidavit. The document sets the facts supporting your claim for child support. For example, you may use this affidavit to establish that the other parent has to support the child.

What to Include in a Virginia Affidavit

An affidavit must be made voluntarily by the affiant or deponent to be valid. It must also be made under oath or affirmation administered by a person authorized to do so by law. In addition, the affidavit must contain the following information:

• • The name, address, and telephone number of the affiant or deponent

  • A statement that the affiant or deponent is 18 years of age or older

  • A statement that the affidavit is being made voluntarily

  • A statement that the affidavit is being made under oath or affirmation

  • The facts supporting the claim made in the affidavit

  • The signature of the affiant or deponent

Note: If the affidavit is not signed, it will not be considered valid.

Is an Affidavit the Same as Statutory Declaration Form?

An affidavit is different from a statutory declaration form. A statutory declaration form is used to make a statement that is true and correct to the best of the declarant's knowledge. In contrast, an affidavit is made under oath or affirmation and can be used as evidence in court.

Moreover, a statutory declaration form does not need to be notarized, whereas a Virginia Notary Public must notarize an affidavit. Therefore, if you are unsure which form to use, it is best to consult with an attorney.

Thanks to technology, today, you can now create an affidavit online. Check out forms. legal for a free printable affidavit template that you can use. With this, you don't need prior experience to create a viable affidavit, and you don't need to spend extra money on a lawyer for the same.