How to Write an Affidavit for Family Court

Affidavits For Family Court

Character affidavits and personal affidavits are frequently used in family court for temporary hearings. If y'all accept been asked to provide affidavits for a family court case, please read this thoroughly earlier starting to create your affirmation.

About This Article

Before we get started, this post assumes a few things you should be aware of:

1. Nosotros practice law in South Carolina so this article is geared toward our SC procedures and terminology. Your country may be slightly dissimilar.

And 2, the article assumes you accept lawyer representation. If you don't accept a lawyer on board, just ignore the lawyer references. Yet, if you're reading this, you should take a lawyer involved, if at all possible. This isn't the time to exist casual, cheap or cut corners.

iii. Every case is dissimilar. The ideas presented here are for use in general. Nosotros highly advise yous to become help from a licensed attorney. These affidavits are used in custody and temporary orders hearings, and other serious situations. The outcomes of these hearings can have profound impacts on your life. These cases hinge on the affidavits we are discussing. Do non take anything on this website as legal advice.

2 Types Of Affidavits: Character & Personal

2 types of affidavits are normally used for a family court hearing. Personal affidavits, sometimes called customer affidavits, are written by parties to the case. Graphic symbol affidavits are written past those who are supporting someone named in the case. This article will discuss both types of affidavits. Just make certain you figure out which style to utilise for your purpose. (Nosotros practice law in South Carolina and then this article is geared toward our SC procedures. Your state may be slightly different.)

Character Affidavits Supporting An Involved Person

If you have been asked by someone involved in a family courtroom affair to create an affidavit to support their example, this is you. The first function of this article is for you.

If the person you are supporting has a lawyer, the lawyer may exist involved in helping yous create this affidavit. Ask the person you are supporting.

Personal Affidavits Written By The Involved Person

If you are named in the legal action needing affidavits, you will need to create a personal affirmation too equally getting people who know yous and your situation to support your case by writing character affidavits.

Y'all need to read the whole article. The first office of the aritcle will be for your supporters, writing character affidavits. You need to know what yous desire them to produce and then become familiar with the character affidavit part.

What Is An Affidavit?

Wikipedia defines an affirmation (/ˌæfɪˈdeɪvɪt/AF-i-24-hour interval-vit ) equally a written sworn statement of fact voluntarily made past anaffiant or deponent under an adjuration…
Wikipedia

This ways: yous will be writing a legal certificate in your own words, of your own free will. The 'under adjuration' part of the definition means that by signing the affidavit in front of a notary, the person giving the affirmation is legally leap to tell the truth in the same way every bit in courtroom in front of a judge.

For an affidavit to be valid and used in court, it must be notarized. That means you volition have to sign it in front end of a notary. So don't make a very common mistake and sign it before you meet the notary.

In order for an affidavit to be useful it must be four things: 1) credible; two) knowledgeable; 3) factual; and 4) relevant.
Foreman

Why We Need Affidavits

Affidavits are sworn, written statements designed to convey data to the approximate in legal matters. They are used in place of witnesses that would be used in trials or other more formal proceedings.

Affidavits will exist filed with the court prior to your hearing.

The judge will read the content of all affidavits used by both parties in the case. He/she may entertain verbal arguments made by attorneys on both sides. She may even enquire questions of the parties involved. He volition then consider relevant law and instance police. She may ask for boosted information. Side by side, he will make a ruling.

Size Matters – Keep It Brusque & To The Point

In temporary orders hearings, we are limited (in South Carolina) to eight pages per plaintiff and 8 pages per defendant of affidavits. This does non include attachments or exhibits.

Depending on complexity and how you're making your example, brevity matters. This means you could take 8 tightly focused affidavits making an impact on a guess. Or, you could accept 2 rambling, wordy affidavits, filled with fluff that leave the judge wondering: 'What was the point?'

Character affidavits should be one folio in nearly cases. Personal or client affidavits volition run longer, 2 to iv pages or more than depending on the facts of the case. Attachments should be excerpted to only show the relevant sections of longer documents.

Who Should Write An Affidavit?

If you are named in the legal thing or case, you should write a personal affirmation. You will desire to discover other people who can back up you lot by writing character or supporting affidavits.

These volition be people who can say expert things about y'all and back upwards your claims. They have relevant information near your case. They volition back up the statements and claims yous make in court. Chiefly, they are willing to take the time to write an affidavit and go it notarized.

While it may be convenient to have your mother write a glowing affidavit about you, information technology may be more impactful to accept more impartial neighbors, religious leaders, bosses, child's teachers or coaches write on your behalf.

Attachments / Exhibits To Affidavits

If you have supporting documentation such as photos, diagrams, receipts, copies of other documents, transcripts of recordings, etc., these can exist included as attachments. Attachments are a practiced way to back up opinions and conclusions with facts. Also, they don't touch on the page count toward any page limitation we might have.

Be sure to reference your attachment in the affidavit. Use phrases similar: 'See Showroom H, Bank Statement.'

"If you have more than one exhibit, marker them A, B, C, etc., in order, and conform them alphabetically. Number the pages of each showroom starting from page i."

Get in like shooting fish in a barrel for the judge to become the point you are trying to make. Point out what is relevant and what makes it relevant.

"Just like affidavits, each showroom must be short and to the indicate. The judge can only consider what is relevant. So you wouldn't include a long email chain, for example, since much of what is included in that might non be relevant. Find the virtually important office and just refer to that."

Who Gets To See Your Affirmation?

Keep in mind, your affidavits could exist read by the judge, the clerk, other court administrative staff, all parties named in the proceeding, their attorneys and staff.

Your affidavit volition become a public record as role of the court case. That beingness said, the family court system is very protective about who they allow seeing these records. Generally, your affidavit volition exist available to the public but on a 'need to know' footing. However, there are no guarantees to privacy.

How To Fix Grapheme Affidavits For Family Courtroom

Read this article thoroughly
Download or copy the templates
Prepare a draft based on some of the samples
Review information technology with the attorney (if used)
Edit every bit needed
Notarize
Brand iii copies

Sample Grapheme Affidavit For Family Court

Earlier we break downwards the elements of the affidavits, hither is a sample affidavit for a merits nearly parenting abilities.

=============== Outset of Sample Character Affidavit ===============

Affidavit of: John Doe, In Support of: Jennifer Carter

The affiant, after being duly sworn, deposes and says equally follows:

I am Jennifer Carter's neighbor of v years. Our kids attend the same schoolhouse equally Ms. Carter'due south kids and play on some of the same sports teams. I live at 1815 Elm Street, Charleston, SC.
I run into Ms. Carter and her son at soccer practice at least twice each week during the soccer season. Ms. Carter is the assistant coach for the team. She does a corking chore encouraging the kids and instruction them basic skills. Come across fastened Exhibit B, a motion picture of kids at exercise with Ms. Carter.
I have every reason to believe that Ms. Carter is a kind, caring, devoted parent. She is a wonderful female parent to her son, Billy and her daughter Carey.

Respectfully submitted this the _______ 24-hour interval of _______________ 20_____.

(SIGN AND Impress NAME) ________________________________________________

SWORN TO & SUBSCRIBED before me

This _____ twenty-four hour period of ______________20____.

_________________________________

NOTARY PUBLIC FOR SOUTH CAROLINA

My Commission Expires:_____________

================= End of Sample Character Affidavit =================

Content

Your Character Affidavit will contain:

Header info or a caption
Background
Facts
Conclusion
Signature and Notary

Who You Are & Your Human relationship to the person supported

The approximate need some groundwork about y'all and your relationship to the plaintiff or accused.

Example: 'Affidavit of: Martha White in back up of Jerry T. Simmons

one. I live at 1401 Maple Ave, one block abroad from Mr. Simmons. Nosotros met when he moved in iv years ago. We are friends and see each other at to the lowest degree one time a month at schoolhouse functions.'

The Facts

As objectively as possible, listing out relevant facts. Number the statements in your character affidavit to make it easier for others to refer to them later.

Example:

two. On October iii, 2018, I was walking my canis familiaris on Elm Street. Around two pm, I saw Ms. Parker's grey Cadillac strike Mr. Simmon's bluish SUV at the intersection of Elm and Maple. Mr. Simmon'southward car was stopped, waiting to make a left turn.

" Also consider expressing the personal qualities of the recipient that you've observed over the form of your relationship. Provide specific examples of leadership, generosity and work ethic that personalizes the recipient and makes him or her come alive as a human beingness. Focus on positive qualities only and include events that you lot personally witnessed in order to cosign those experiences. "

Decision

End with a conclusion summarizing the point you lot were making in your affidavit.

Example:

3. I got a good look at the blow. Mr. Simmons was driving correctly. Ms. White failed to stop in time and was at fault in the accident.

What to leave out

Don't go into proper noun-calling of other parties involved. Don't put in hearsay – if you don't have firsthand knowledge. Fluff. Uninformed opinion, speculation, guesses, etc.

Format Tips

Proofread it. cheque spelling and grammar. Go feedback for your lawyer. Font size and spacing. Explanation or no explanation. Stick with the facts and opinions. Don't lie or embellish. Don't go overboard. Be brief. In SC, nosotros are limited to eight pages of affidavits, non including exhibits, except under sure, specific circumstances. Keep information technology short and to the bespeak. Also, judges don't want to read lengthy pieces of fluff. They just desire the point.

Make sure to have a header line with your proper name and the proper name of the person supported by the character affidavit.

Number your paragraphs. Indent the outset line of each paragraph. Use a 12 pt font, so that information technology's easy for the judge to read. Use serif fonts, also easier to read. If you need to squish the content to fit on ane page, utilize less space between lines. Make certain the lines are left justified so the paragraphs all line upwardly.

Do what you can to save using extra pages. If your character affidavit is longer than 1 page including the notary section and the heading, you probably need to say more in less words.

Notarize All Affidavits

Gear up your grapheme affidavit writers that they will take to sign the affirmation in front of a notary. They may not know how to do this. So help them out to go this done. Find location options of notaries for them. Prepare to pay any fees needed. They will need to have a valid driver's license or other government-issued photo ids.

Here are some suggested places to find notaries: Your lawyer's role, our office, UPS store (for a pocket-sized fee, call first), banks, other attorney offices. Check the spider web for other ideas. Ever call first to make certain the notary will be there when you come. Your lawyer's office and staff should be an option.

The notarizing department of the document needs to be big enough for the notary to add notary info and apply a postage stamp. If you are tight on page count for your affidavits, make sure the notary section is non taking upwards too much space.

After you get the affidavit notarized, you will want to brand 4 copies. If you accept a lawyer, they tin can practise this. Yous will get a copy, 1 for your lawyer, one for your spouse'southward lawyer, one for the judge and the original gets files with the court.

Captions

In a court document, captions are the formal heading department that references the court case, the type of document, case number, dates and other details.

Captions are great if you have room for them. In other words, if your affidavit goes from ane to two pages because it includes a caption, lose the explanation.

Character affidavits without captions may exist less formal looking, less professional-looking, etc. They will still be read. They volition withal be as powerful every bit affidavits without captions. Simply exist sure that somewhere in the character affidavit, you reference: who you lot are and who your affirmation supports.

Personal affidavits volition commonly be prepared, in part, past the lawyer and will usually have a caption.

Personal Or Client Affidavit From Person Named In Example

If you are reading this article as to a grapheme affidavit writer to support someone else, you don't accept to read this department. Information technology just applies to people named in the case. Skip below for the samples at the bottom.

If you are a political party to the example writing your personal affidavit, read this section carefully. Your affidavit is going to exist the well-nigh of import slice of your legal instance. Be sure to go it done right. If yous have a lawyer, they should be involved in creating your affidavit.

Your personal (sometimes called client) affidavit will be a little different than the character affidavits your supporters are creating. Your personal affidavit will be the presentation of your case. It tells your side of the story. It allows you to present prove documents that back up your claims.

Your personal affidavit will respond to any complaints against you (if you are defending) or reinforce the points you included in your complaint (if yous are the plaintiff). Make sure to add attachments equally needed and refer to them in your affidavit.

Summarize Your Case

Get-go off with a summary about your instance. Every bit a plaintiff/ petitioner, it might read: 'My married man and I take separated and I am seeking a divorce. I wish to keep sole custody of our 2 minor children. Any visitation my husband receives should be supervised because of his marijuana employ. I need child support of $500/month.'

As a defendant/ respondent information technology might read: 'My married woman is seeking a divorce. I want 50/50 custody of the kids. She wants me to have supervised visitation on the grounds of drug use. This refers to when I accidentally ate a 'Colorado' brownie on a recent ski trip. Equally to child back up, our incomes are similar and she has access to brokerage accounts in her proper name just, so I don't retrieve I should pay more than $100 /calendar month in child support.'

The judge volition conspicuously empathize what each of you want by this point in simply those few lines. Next, y'all volition take to fill in with some detail most why your request is justified.

Plaintiff: 'In a text bulletin from my husband he admits using marijuana. (Exhibit A)'

Defendant: 'In December of 2018, I attended a bachelor political party at a ski resort in Colorado. During ane of the parties, brownies were served. I ate 1. I later on found out information technology was made with marijuana (legal in Colorado). I do not apply any illegal substances, except in this one unintended incident. I am a very lite drinker. My wife is aware of this incident. I told her about this thinking she would think it was funny.'

Of course, these examples address but 1 topic. In nigh situations, at that place are many such points to be made. List the points yous feel need to be made. Become with your lawyer to prioritize them. Then put them into your words. Club them for most of import to least of import. If there are incidents that happen over fourth dimension, listing them in sequence. Make sure the estimate volition exist able to understand your timeline.

If you are a defendant, you may have counterclaims. Your personal affidavit should address those likewise. This may exist the first time the approximate hears about the counterclaims yous will exist making.

In many hearings, the judge volition not exist hearing any verbal testimony or argument. If there are points yous want to make with the judge, the affidavit is your only artery.

Your personal affidavit will be longer than the character affidavits your supporters are writing. Four-page affidavits are common.

Creating a powerful affidavit is an iterative process. You and your lawyer will echo a wheel of edit, proofread, improve until yous get the version you lot both think will piece of work. If you lot are not using a lawyer, notice someone who can help you write, edit, and proofread.

Since your affidavit is the virtually of import ane you lot present, it should have a caption. Meet above department on captions.

Citations

https://legalbeagle.com/8448673-write-character-affirmation.html

https://www.carolynbonelaw.com/prepare-an-effective-affidavit

https://legalbeagle.com/8448673-write-character-affirmation.html

https://en.wikipedia.org/wiki/Affidavit

https://familylaw.lss.bc.ca/resources/fact_sheets/tipsForDraftingAffidavits.php

Character Affirmation Template

A blank character affirmation text form is provided below. Copy and paste into whatsoever give-and-take processing program you use and edit it to adapt your particular needs.

==== Beginning Character Affirmation Template ====

Affirmation of: _____________________ In Back up of: ___________________

The affiant, after being duly sworn, deposes and says as follows:

1. Replace all the text beneath in these numbered sections with your own words. Start off saying who you are and what your relationship is to the person you are supporting.
two. Indent like this sample. Number the paragraphs. Land relevant facts most the person yous are supporting. Don't make disparaging remarks nearly others. Reference attachments if any are used.
3. Be concise, yet use the space you need to convey the facts. Consult the person you're supporting or their chaser with questions.
4. Wrap upward with a decision. Try to go on your affidavit to less than a page including the heading and notary department.