Which sworn papers you may see
The term divorce affidavit covers several different documents. In an uncontested New York divorce, the packet typically includes an affidavit from the spouse who filed, an affidavit from the other spouse consenting or waiving further notice, and an affidavit showing how the papers were served. In a contested case, the sworn statement of net worth is the central financial affidavit, and motions are usually supported by affidavits laying out facts. Other states use similar documents under names like financial affidavit or declaration. Each one asks you to swear to facts, so the content deserves the same care whatever it is called.
Accuracy before signature
Read every line before signing, including printed form language you did not write. Financial affidavits ask for income, expenses, assets, and debts, and estimates should be labeled as estimates rather than presented as exact figures. Have pay records, tax returns, account statements, and bills in front of you while completing one, so the numbers can be supported. If something significant changes after you sign, such as a new job or a newly discovered account, the disclosure may need updating. Knowingly false statements in an affidavit can lead to perjury exposure, sanctions, or a later attack on the judgment.
When your spouse's side prepared it
Sometimes you are handed an affidavit drafted by your spouse or your spouse's lawyer, for example to consent to an uncontested divorce. Signing it may mean agreeing to terms or giving up the chance to be heard on certain issues, so have your own lawyer review it first. We go through any affidavit you have been given, compare it with the actual facts and finances, and explain what signing would commit you to. If you have already signed something you now believe is inaccurate, tell us. Correcting the record before a judgment is entered is usually far simpler than afterward.
