When a person terminates the marriage with a spouse, the desertion occurs. The termination may be due to willfully abandoning the spouse or being left by the spouse.
Although there are very firm and strong laws of divorce, there are some requirements required to be fulfilled when it comes to terminating the marriage. For example, any person who seeks the divorce should be able to provide those grounds on which he can be permitted for divorce.
The divorce is divided into the fault and no-fault divorce categories. When the divorce occurs due to no fault, the state recognizes this divorce as desertion.
What is affidavit of desertion of spouse?
There are many situations when a person is required to provide evidence of desertion. In some countries, the individual is asked to provide the affidavit of desertion. Affidavit of desertion is basically a legally used written document in which a person writes the sworn statement about the occurrence of desertion. In other words, the person writing and signing this affidavit swears that the divorce that has occurred falls in the category of no-fault divorce.
When to use the affidavit of desertion?
Affidavit of desertion is required to be used when you are seeking a divorce and you need some solid grounds for it. It should be kept in mind that this affidavit should be used only when you are sure about the desertion. The desertion is ensured when:
- Your spouse leaves you without writing any agreement
- When your spouse leaves you without any solid reason
- When your spouse leaves you with the intention to end the relationship
- When your spouse has left you for no reason and has not appeared from 2 or more years
As a matter of fact, no one wants to be abandoned by his/her spouse. If this happens, the law of every country gives the right to that the abandoned person to apply for a divorce on the basis of desertion.
While you are writing the affidavit of desertion, you should keep this fact in mind that you will have to prove the desertion later on. In order to prove that desertion, you will have to prove the absence of your spouse. The intent of the spouse can also be proved in order to prove that whatever you have sworn about in the affidavit was based on true facts.
What are the benefits of the affidavit of the desertion of a spouse?
There are some benefits for the person who swears on the desertion of spouse:
- Anyone writing the affidavit of desertion and proving it easily gets the divorce on the grounds of desertion
- Sometimes, there is an agreement of a person with the spouse according to which anyone deserting will pay his/her partner. In this situation, writing the sworn statement on desertion can help a person get the financial benefit
- A person wanting to get married again after the desertion can write the affidavit to seek permission from the court for marriage
Subject: Letter stating desertion of spouse
It is being stated to concerned that Ms. Rose Franklin, a resident of Crawford street, Ontario, appeared before me personally. Considering the authority as undersigned, she made a statement that she has been deserted by her husband, named Franklin, who had married her two years ago on the 1st of August, 20XX.
Declaring further, she added that on the 20th of July, 20XX, her husband had left the home with a one-year-old child and since then, he had not been heard. On <date>, she called her husband to pick her up with an infant from the hospital. Contrary to her expectations, he arranged a neighbor for that purpose. On reaching home, she found a letter from her husband stating that he had left her forever. After facing this hard situation, she had to move to a charity house because her husband took all the savings with him, leaving only 10 USD.
Keeping in view the above-mentioned circumstances and upon verification of the incident, it is hereby stated that Ms. Rose has been deserted by her spouse, named Franklin.
(Signature of deserted spouse)
(Name of the deserted spouse)
(Seal of Notary Public with name)
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