An affidavit of testimony is a sworn statement made under oath, usually by one of the parties in the case. It explains key facts relevant to the divorce—things like grounds for divorce, details about assets, or custody. It's considered written evidence and carries legal weight like courtroom testimony.
Are you preparing this for a court hearing or to support your case?
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What's an affidavit of testimony in a divorce?
Are you currently going through a divorce proceeding or considering one?
It’s a document that is required for my divorce.
Is there anything else we should know?
No.
Hi, I’m TJ, an attorney. Thanks for reaching out!
An affidavit of testimony is a sworn statement made under oath, usually by one of the parties in the case. It explains key facts relevant to the divorce—things like grounds for divorce, details about assets, or custody. It's considered written evidence and carries legal weight like courtroom testimony.
Are you preparing this for a court hearing or to support your case?
I'm at the beginning stages of the divorce, so I guess I’m preparing one for a court hearing.
In your case, this affidavit will help the judge understand your side of the story. It may include:
- Custody and visitation details
- Property and debt division
- Spousal support (if any)
- General background on why the divorce is happening
It’s important to be thorough and honest. Judges use these affidavits to prepare for hearings, and if your statements are challenged, you’ll want to be credible.
So would both parties need to prepare one? We don’t have any assets, and I think we can do an uncontested divorce. The state requires four documents.
Yes, in contested divorces, both parties typically submit affidavits. But in uncontested divorces, it’s usually simpler. One affidavit of testimony might be sufficient to confirm:
- You both agree to the divorce
- There are no contested issues
- Any other required statements (like no assets or children)
The four documents usually include:
- Petition for Divorce
- Marital Settlement Agreement
- Affidavit of Testimony
- Final Decree of Divorce
So all I need to do is get the documents notarized and submit them to the court, paying the fee?
Yes, generally:
- Complete the documents
- Notarize them (if required)
- Submit them with the filing fee
If everything’s in order and uncontested, the court may approve the divorce without a hearing.
Can I use online documents? Would they be valid?
Yes, as long as they meet your state’s requirements. Many online forms are valid, but check that:
- They’re from a reliable source
- They follow your court’s format and include all necessary clauses
Some courts provide their own downloadable forms, which is the safest route.
Would I need to fill them out with a pen, or can I type and print?
Typing and printing is fine (and often preferred for legibility). Just make sure any required signatures are done in front of a notary if notarization is needed.
What’s an Answer and Waiver document?
An Answer and Waiver:
- Confirms the responding party agrees to the divorce and its terms
- Waives the right to a formal hearing or further legal action
This helps fast-track uncontested divorces. It’s a way of saying, “I agree, no need to fight this in court.”
Is the Final Decree something the judge writes or something we provide?
The judge signs the final decree, but:
- You can draft and submit a proposed decree
- If the terms are fair and complete, the judge usually adopts it
- If anything is missing or concerning, the judge can change it before signing
If I say I don’t want child support in the agreement, can I change that later?
If you waive child support, it becomes part of the court order. Later changes can be difficult unless:
- Circumstances change significantly (e.g. job loss, financial hardship)
- You show it’s in the child’s best interest
So would it be smart to include that?
Probably not. Courts prefer not to waive child support completely.
Better options:
- Set it at a low or zero amount for now, but leave room for adjustment
- Add language that support may be revisited if situations change
Child support protects the child, not just the parents. Waiving it might create issues later.
