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Marriage Affidavit Template for United States

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Key Requirements PROMPT example:

Marriage Affidavit

"I need a Marriage Affidavit for my upcoming marriage in March 2025 to prove my single status to immigration authorities, as my fiancรฉe is from another country and we need this for her visa application."

Document background
A Marriage Affidavit serves as a crucial legal document within the United States marriage system, required by various state and federal authorities to establish eligibility for marriage. This sworn statement typically includes personal information, declarations about previous marriages, and confirmation of legal capacity to marry. The document is particularly important in cases involving immigration, verification of single status for international marriages, or when documentary evidence of marriage eligibility is required. Marriage Affidavits must be properly notarized and typically need to comply with both state-specific requirements and federal regulations.
Suggested Sections

1. Personal Information: Names, addresses, dates of birth, and citizenship of both parties

2. Declaration of Eligibility: Sworn statements regarding legal capacity to marry, including age requirements, mental capacity, and absence of prohibited relationships

3. Prior Marriages: Information about any previous marriages and their dissolution, including dates and locations

4. Legal Compliance Statement: Affirmation of compliance with all state and federal marriage laws

5. Verification Statement: Statement confirming all information provided is true and correct under penalty of perjury

6. Notarization Block: Space for notary certification, signature, and seal

Optional Sections

1. Immigration Status: Required when one or both parties are not U.S. citizens or when the affidavit is being used for immigration purposes

2. Religious Requirements: Added when specific religious considerations need to be documented for religious ceremonies or requirements

3. Property Declaration: When the affidavit needs to include information about property ownership or prenuptial considerations

4. Residency Statement: Required in states with specific residency requirements for marriage

Suggested Schedules

1. Schedule A - Identity Documents: Copies of government-issued identification for both parties

2. Schedule B - Divorce Documentation: If applicable, copies of divorce decrees or death certificates from previous marriages

3. Schedule C - Immigration Documentation: If applicable, copies of visas, green cards, or other immigration status documents

4. Schedule D - Supporting Affidavits: Additional witness statements or supporting documentation if required by state law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses




















Industries

Defense of Marriage Act and Obergefell v. Hodges: Federal legislation and Supreme Court ruling that guarantees the right to marry for all couples regardless of gender, requiring equal treatment under the law for all marriages

Immigration and Nationality Act: Federal legislation governing marriage-based immigration and requirements for proving valid marriages in international contexts

Full Faith and Credit Clause: Constitutional provision requiring states to recognize marriages performed in other states

State Age Requirements: State-specific laws determining minimum age for marriage, including provisions for parental or judicial consent for minors

State Waiting Period Laws: State-specific mandatory waiting periods between obtaining a marriage license and performing the ceremony

State Residency Requirements: Laws specifying whether couples must be residents of the state to marry there and any required duration of residency

Marriage License Regulations: State and local requirements for obtaining, filing, and recording marriage licenses

Consanguinity Laws: State laws prohibiting marriages between close relatives and defining prohibited degrees of relation

Mental Capacity Requirements: State laws regarding mental competency and capacity to enter into marriage

Prior Marriage Dissolution Requirements: Laws requiring proof of termination of previous marriages through death, divorce, or annulment

State Affidavit Requirements: Legal requirements for sworn statements, including format, content, and execution requirements

Notarization Laws: State requirements for notarizing marriage-related documents and affidavits

False Statement Penalties: State laws regarding penalties for making false statements in marriage-related affidavits

Common Law Marriage Provisions: State recognition and requirements for common law marriages, where applicable

Vital Statistics Requirements: State requirements for recording and maintaining marriage records in vital statistics offices

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