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Marriage Affidavit Form for the United States

Marriage Affidavit Form Template for United States

A Marriage Affidavit Form is a legal document used in the United States that contains sworn statements regarding the eligibility of individuals to marry. The document must comply with both federal marriage laws and specific state requirements where the marriage will take place. It typically includes personal information, declarations of legal capacity to marry, current marital status, and requires notarization. The form serves as a legally binding statement confirming that all provided information is true and that there are no legal impediments to the marriage.

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Marriage Affidavit Form

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What is a Marriage Affidavit Form?

The Marriage Affidavit Form is a crucial document in the U.S. marriage process, required by most states to verify the eligibility of parties seeking to marry. This sworn statement helps prevent fraudulent marriages and ensures compliance with legal requirements. The form typically includes personal information, previous marriage history, and confirmation of legal capacity to marry. It must be properly executed before a notary public and submitted to the appropriate marriage license bureau. The document's requirements vary by state jurisdiction, but it generally serves as a prerequisite to obtaining a marriage license.

What sections should be included in a Marriage Affidavit Form?

1. Personal Information: Full legal names, dates of birth, current addresses of both parties

2. Legal Capacity Declaration: Statement confirming both parties are legally able to marry

3. Marital Status Declaration: Statement confirming current marital status and any previous marriages

4. Truth Declaration: Statement affirming all information provided is true and accurate

5. Notarization Block: Space for notary signature and seal

What sections are optional to include in a Marriage Affidavit Form?

1. Immigration Status: Required if either party is not a U.S. citizen

2. Parental Consent: Required if either party is under 18 (where legally permitted)

3. Religious Declaration: Required in some jurisdictions for religious marriages

4. Military Service: Required for military personnel in some jurisdictions

What schedules should be included in a Marriage Affidavit Form?

1. Identification Documents: Copies of government-issued photo ID

2. Prior Marriage Documentation: Divorce decrees or death certificates if previously married

3. Supporting Documents: Birth certificates, proof of residency, or other required documentation

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Defense of Marriage Act and Obergefell v. Hodges: Federal legislation as modified by Supreme Court ruling in 2015 that legalized same-sex marriage nationwide and established fundamental right to marry

Immigration and Nationality Act: Federal legislation governing marriage-based immigration and international marriages, including requirements for proof of valid marriage

Social Security Act: Federal legislation relating to name changes after marriage and marriage-based benefits

State Marriage Age Requirements: State-specific laws determining minimum age for marriage, parental consent requirements, and judicial approval if needed

State Waiting Period Laws: State-specific mandatory waiting periods between marriage license application and ceremony

State Medical Testing Requirements: State-specific requirements for blood tests or other medical screenings prior to marriage

State Residency Requirements: State-specific laws determining residency requirements for couples seeking to marry within the state

Marriage License Requirements: State-specific procedures and documentation required for obtaining a marriage license

Consanguinity Laws: State-specific laws regarding prohibited degrees of relation between prospective spouses

Affidavit Requirements: State-specific requirements for sworn statements, including format, content, and verification requirements

Notarization Laws: State-specific requirements for notarization of marriage-related documents and affidavits

Perjury Statutes: State and federal laws regarding penalties for making false statements in legal documents and affidavits

REAL ID Act: Federal requirements for identification documentation used in legal proceedings and government documents

Vital Statistics Reporting Requirements: State-specific requirements for reporting marriages to vital statistics offices and maintaining official records

State Registry Requirements: State-specific procedures for recording and maintaining marriage records in official state registries

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