When you get married, the court or religious institution issues a marriage certificate serving as an evidentiary document that you are married. Before that, you will first procure a marriage license.
If you ever misplace or lose your marriage certificate, you can swear to an Affidavit of Marriage for use as proof.
If you have been married for a long while, your marriage certificate may become the last thing on your mind. If you and your spouse have to prove your legal union, you can use an affidavit. Just remember both you and your spouse have to be present to verify its validity.
Depending on your state, an Affidavit of Marriage may also be known as:
Marriage Affidavit Certificate
Sworn Affidavit for Marriage
Joint Affidavit of Marriage
Affidavit of Marriage Relationship
Besides a misplaced marriage certificate, it is also common for couples in a common-law marriage to use an Affidavit of Marriage as proof.
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Your Affidavit of Marriage is a legal document attesting to your union. Improper execution may result in perjury offenses. Rather than hacking it on your own, you can rely on 360 Legal Forms to create one that passes legal muster.
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To create your document, please provide:
Names of both spouses: The legal name and the date and place of birth of both spouses.
Other personal details: The contact information, employment details, and additional relevant information.
Date of marriage: The date of the marriage or the best of your recollection.
Place of marriage: The location where the marriage certificate was signed.
Current residence: The address of your home (both addresses if living separately.)
Signatures: Both spouses will have to sign the Affidavit of Marriage at the same time.
Marriage license: A government-issued permit for the marriage
Marriage certificate: A document testifying that two people are legally married
Affidavit: A sworn written statement under oath
Sworn oath: A statement made in a court where the person has pledged to its truth
Before signing your Affidavit of Marriage, make sure all the information entered is correct. If everything is accurate, you and your spouse sign the affidavit together and in the presence of a notary public. This is mandatory to constitute an affidavit.
After getting your Affidavit of Marriage notarized, you might have to file it with a court, though this is usually only the case if the affidavit is needed in a court proceeding in the first place. It is essential to make sure you do so by the date ordered by the court.
The answer is yes. Sometimes divorced couples need to execute an Affidavit of Marriage to prove that they were previously married. This might be necessary if they are unable to locate their divorce decree or divorce certificate.
The main difference has to do with the presence or absence of the official marriage ceremony. If you are not traditionally married but rather considered married in common law, you might have to provide evidence of your relationship before you can execute a valid Affidavit of Marriage.
Most states that recognize common law marriage do so if you have been living together for at least two or three years and especially if you share a bank account and or one spouse has taken the last name of the other.
These are the states where common law marriage is widely recognized for legal and non-legal purposes: Iowa, Georgia, Idaho, Colorado, Alabama, District of Columbia, Kansas, Montana, Ohio, New Hampshire, Pennsylvania, Oklahoma, South Carolina, Rhode Island, Utah, and Texas.
The answer is no. An Affidavit of Marriage cannot be used to validate a marriage that was not legal to begin with. This usually applies to cases of bigamy, duress, or incapacity.
It is not at all a requirement, but many couples choose to hire a law firm to execute their Affidavit of Marriage. This is particularly useful when not the affidavit is required in a court proceeding and the failure to provide one might lead to penalties. Or, if the matter is more complicated and has to do with immigration law.
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