Military Affidavit

In the course of a Texas family law case you may be asked to complete an Affidavit Concerning Military Active Duty Service. An affidavit is a sworn statement under oath. You should treat the completion and signing of this document as you would testifying about the information in a courtroom. If you are found to have lied on this affidavit it would be treated the same way as if you were found to have lied under oath while under oath on a witness stand in court. Therefore, it is critical that you read the entire affidavit prior to filling it out and signing the form.

The affidavit is straightforward. You will be required to list the date your military service began and the date on which your military service is expected to be completed. Finally, your wages earned as an active duty servicemember must be disclosed as well. You may be requested to fill out this form to stay or pause a divorce or child custody case while you are deployed. This will allow you to complete your military service before a family law case can proceed in Texas. The affidavit must be completed in front of a notary public. Do not sign the affidavit or otherwise begin filling out the form until you are in front of a notary. Once completed, the form should be filed with the family court which has jurisdiction over your divorce, child custody or child support matter.

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