An affidavit of marriage is a legal document used in order to provide proof of a legal union between two individuals. This is a legally-binding document and is required for many reasons. State laws regarding an affidavit of marriage vary.
Many states will provide a form that can be used in order to complete a marriage affidavit. The type of affidavit completed will depend on where one lives and the purpose for the written state. Regardless of where you live, you will need to sign this in the presence of at least one witness and may need to have it notarized as well. In some instances, both parties must sign the affidavit.
Common Law Marriages
This is known as a state-recognized marriage without a ceremony. Not all states recognize this type of marriage. Since a marriage certified is not available for a common law marriage, you will need to complete a marriage affidavit in order for it to be recognized legally and for the two parties to benefit from a binding marriage in the state they live in.
Other Reasons for Signing One
If someone cannot locate their marriage license, an employer may ask them to submit this written document for instance, if they want to add a spouse to health insurance. This is also used in immigration cases, for insurance company for the spouse to receive insurance proceeds or to show that you have legal rights in an estate.