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A single status affidavit, also known as a single status declaration or single status certificate, is a legal document that serves as evidence that a person is not currently married. This affidavit is commonly required when getting married, especially if you have been married before.
With divorce rates close to 50% in America, it is not uncommon for people to have multiple marriages over their lifetime. However, this can present legal complexities when it comes to proving you are eligible to remarry. A single status affidavit helps establish that any previous marriages have been legally dissolved.
This guide will provide a deep dive into everything you need to know about the single status affidavit including:
What is a Single Status Affidavit?
A single status affidavit is a legal document that affirms a person’s marital status as single, meaning they are not currently married. It serves as legal proof that any previous marriages have ended through divorce, annulment or the death of a spouse.
Some key points about the single status affidavit:
It is a sworn statement that attests no to someone’s unmarried status.
It often requires the person to state that they are not related or married to the intended future spouse.
The person must declare that any previous marriages have been legally dissolved.
It needs to be signed in the presence of a notary public or other authorized official.
Perjury penalties often apply if any information is found to be false.
When is a Single Status Affidavit Required?
There are a few common situations where a single status affidavit is required as proof of marital status:
Getting Married
This is the most common reason for requiring a single status affidavit. When applying for a marriage license, you will need to show legal proof that any previous marriages have ended. A single status affidavit serves this purpose.
Some states will ask for a certified copy of your divorce decree or ex-spouse’s death certificate instead. Check your state laws to see if a sworn affidavit is accepted.
Immigration Process
When applying for certain visas or green cards, U.S. Citizenship and Immigration Services (USCIS) often requires proof that any prior marriages have legally ended. A single status affidavit can provide this evidence.
Insurance Applications
Some insurance companies ask for a single status affidavit when applying for coverage as a single person. This prevents fraud by someone still married claiming to be single.
Government Aid Programs
Certain government assistance programs require proof of single marital status to determine eligibility and rates. A single status affidavit can serve as evidence that you are unmarried.
Refinancing or Loans
Lenders sometimes request a single status affidavit when refinancing a mortgage or applying for a loan as an unmarried person. This verifies the number of incomes supporting repayment.
As you can see, anytime legal proof of single status is required, a sworn affidavit is an accepted way to demonstrate you are not currently married.
What Information is Included?
While single status affidavit forms can vary slightly by state, they generally include the following standard information:
Identifying Information
The affidavit will contain your full legal name, date of birth, home address, and contact details like phone number.
Marital Background
You will need to list any previous marriages along with the date and place you were married. It will request details on how the marriage(s) ended, whether through divorce, annulment, or death of your spouse.
Dates and locations of any divorces or spousal deaths are required. Including case numbers or filing details can help strengthen the affidavit.
Statement of Current Marital Status
The key component is a sworn statement that you are not currently married. This typically includes language affirming that you are unmarried and any past marriages have been legally dissolved.
You may also need to state that you are not related to your intended future spouse if remarrying.
Notarized Signature
For a single status affidavit to be legally valid, it must be signed in the presence of an authorized notary public or other official. They will verify your identity and witness your signature.
Perjury Statement
Most single status affidavits conclude with a statement that any false information can lead to perjury penalties. This underscores the legal gravity of providing accurate unmarried status facts.
How to Obtain a Single Status Affidavit
If you need a legally valid single status affidavit, here are some options:
Many states offer free single status affidavit forms you can download, fill out, and print. Make sure to check the requirements for getting the form notarized. States often have templates available online through the health department or office of the Secretary of State.
You can find notaries at many pharmacies, shipping stores, banks, or government buildings. Call ahead to make sure they will witness single status affidavit signatures. They can provide the required notarization on the completed form.
Another option is to hire a mobile notary public to come to your home or location of choice to notarize the affidavit. They will typically bring the necessary forms and can even assist in completing the paperwork.
Use an Online Provider
Some online legal services like LegalZoom allow you to complete a single status affidavit through their website. They’ll prepare the form, which you can then print and take to a notary signing agent to complete.
Consult an Attorney
For more complex marital situations, it may be advisable to have an attorney prepare your single status affidavit. They can review your history, ensure your prior divorces or annulments are settled, and draft the appropriate legal statement.
No matter which method you choose, be sure to follow your state's requirements so the affidavit will be considered valid. The signing notary will need to complete their section verifying your ID and that you signed it in their presence.
What Supporting Documentation is Required?
In addition to the completed single status affidavit, you will also need to provide documentation supporting your prior marital history. This usually includes:
Certified copies of any divorce decrees or annulments. These prove that the marriages legally ended.
Death certificate if widowed. This documents that your spouse passed away.
Government-issued photo ID.Used to validate your identity to the notary.
Proof of current address. Such as a utility bill to confirm your residence.
Providing supporting documentation strengthens the veracity of your affidavit. Be sure to follow any specific evidentiary requirements in your state. Keep copies for your records as well.
Can a Single Status Affidavit be Rejected?
There are certain situations where a single status affidavit may be rejected and not accepted as proof of unmarried status:
Incomplete or missing information- You must fully complete all sections and answer all questions.
Unsigned or not notarized - The affidavit needs your signature as well as the notary seal.
Outdated form - Some agencies require affidavit forms updated within the past 1-3 months.
Immigration status issues - Applicants must be legal U.S. residents.
Discrepancies in provided details - Any inconsistencies could lead to rejection.
Prior marriages not legally ended - Ex-spouses must be officially divorced or deceased.
Unable to provide supporting docs- Additional proof may be required.
State does not allow affidavits - Some require specific divorce decree copies instead.
To avoid rejection, carefully follow all instructions and state guidelines when completing and submitting the affidavit. Seek legal assistance if your marital or immigration history involves any complexities.
Sample Single Status Affidavit Template
To better understand what a single status affidavit looks like, here is a sample template based on commonly used formats:
Single Status Affidavit
I, [full legal name], do hereby certify and declare under penalty of perjury that the following facts are true:
1. I reside at [current home address, city, state, zip code].
2. My date of birth is [MM/DD/YYYY] and place of birth is [city, state].
3. I provide this statement to affirm that I am not currently married.
4. I have been married [number] times in my life:
- Date married: [MM/DD/YYYY]
- Place married: [city, state]
- Date marriage ended: [MM/DD/YYYY]
- Marriage ended by: [divorce, death]
5. I affirm that any prior marriages have legally ended through divorce decrees or death certificates duly recorded with the state.
6. I am not related to my intended future spouse [full legal name] either biologically or legally through prior marriages.
7. I swear under penalty of perjury that the information contained in this affidavit is complete and accurate to the best of my knowledge.
Signature: [Sign your full legal name in front of notary]
Date: [MM/DD/YYYY]
[Notary public signature block verifying identity and witnessing signature]
This covers the key elements needed for a legally binding single status affidavit. Be sure to modify it to fit your specific personal details and marital history. The critical aspect is demonstrating all previous marriages have legally ended.
Frequently Asked Questions
Below are answers to some common questions about the single status affidavit:
How long is a single status affidavit valid for?
Single status affidavits are typically considered valid for 1-3 months after being notarized. Some agencies require affidavits completed within the last 30 days. Check on any expiration policies for your purpose.
Can I complete an affidavit if I was only common law married?
No, common law marriages are not recognized as legal marriages so no affidavit is needed when that relationship ends. The affidavit is for documenting legally dissolved marriages.
What if I lost touch with an ex-spouse?
You still must provide divorce documentation to verify the marriage legally ended. You can request copies of records even without knowing current whereabouts.
Can I submit an affidavit I signed years ago?
Probably not, as agencies want up to date verification of your current unmarried status. They will require a recently completed affidavit.
What if I am in the process of divorcing but it is not finalized?
You cannot claim single marital status until the divorce is fully finalized by the courts. Your affidavit will be rejected until you have the decree.
Do both partners seeking to marry need to provide affidavits?
Typically yes, both partners will be asked for single status affidavits as part of the application to show neither are still married.
What if my ex-spouse is deceased but I can’t locate the death certificate?
You will need to request a copy from the state records office where the death occurred in order to complete the affidavit.
Is a single status affidavit the same as a certificate of no record found?
No, a certificate of no record is issued by the state when no marriage record is found. An affidavit is your own sworn statement on previous marital history.
Can I file an affidavit even if I was married outside the U.S.?
Yes, you still must declare any marriages that occurred in other countries and provide documentation they were legally terminated or your spouse passed away.
Conclusion
The single status affidavit serves an important legal purpose in documenting that a person is currently unmarried. While no one wants to think too much about past failed marriages, providing this straightforward affidavit can save time and hassle when remarrying or applying for government benefits.
By understanding when an affidavit is required, how to properly complete one, and what supporting materials to include, you can easily obtain this necessary proof of singlehood. Just follow the steps and information provided above to complete a valid single status affidavit that will be accepted for its intended legal purpose.
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