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Other Names: Non-Military Affidavit Affidavit of Non-Military Status
Affidavit of Non Military Service document preview

What is an Affidavit of Non Military Service?

An Affidavit of Non-Military Service is a legal document that is used to assert that you or someone else is not on active duty. If you are a party to a courtroom hearing, but someone hasn't shown up, the court might ask for an Affidavit of Non-Military Service. An Affidavit of Non-Military Service helps prove that the missing party isn't serving overseas, and helps the case move forward. For example, if your tenant doesn't respond or appear in court for an unlawful detainer hearing, you can use this Affidavit to demonstrate that they are not absent due to active military service.

When to use an Affidavit of Non Military Service:

  • You've been asked to swear that someone isn't on active military duty.
  • You need to prove that you aren't on active military duty.

Sample Affidavit of Non Military Service

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In the Court of County, State of


Case no.



I , residing at , , , being of legal age depose and state as follows:

1.That I am the Petitioner in this case;

2.That the Respondent in this case has been served with proper notice;

3.That the Respondent has not responded to the petition;

4. That this affidavit is made for the purpose of obtaining a default judgment against the above named Respondent;

5.That I know the Respondent personally and the Respondent was born ;

6.That that Respondent's place of residence is , ;

7. That has never given any indication that is in service with the U.S. military or National Guard;

8. That I checked the U.S. Department of Defense website and obtained a certificate showing that the Respondent is not on active duty status. This certificate is attached to this Affidavit as Exhibit A;

9.That I am not involved in any arrangement to make up or to hide evidence or to deceive the court.


Oath or Affirmation:

I certify under penalty of perjury under law that I know the contents of this affidavit signed by me and that the statements are true and correct.


STATE OF ss:, ss:


Affidavit of Non Military Service FAQs

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  • Can I get an Affidavit of Non-Military Service Form online for free?

    It is fast and easy to get what you need with a free Affidavit of Non-Military Service template from Rocket Lawyer:

    1. Make your Affidavit - Provide a few details and we will do the rest
    2. Send or share - Look over the document with an attorney, if desired
    3. Sign it - Sign your Affidavit and make it legal

    Any Affidavit of Non-Military Service Form from Rocket Lawyer can be edited to address your particular scenario. To begin the process, simply click the button labeled "Make document". Your document will be built section by section as you enter details along the way.

  • Do I need to hire a lawyer for my Affidavit of Non-Military Service?

    Making an Affidavit of Non-Military Service is normally straightforward, but you could still need advice. Seeking out a lawyer to review your Affidavit of Non Military Service might be relatively time-consuming. An easier alternative would be through Rocket Lawyer attorney services. As a Premium member, you can get your documents reviewed or send any legal questions. As always, Rocket Lawyer is here to help.

  • How much might I traditionally pay for an attorney to help me make an Affidavit of Non-Military Service?

    The fees associated with meeting and hiring an attorney to make an Affidavit of Non-Military Service could total anywhere from two hundred to one thousand dollars, depending on where you are and how complicated the issue may be. Rocket Lawyer is not a run-of-the-mill Affidavit template website. With our service, anyone under a Premium membership can take advantage of up to 40% in savings when hiring an attorney.

  • What are my next steps once I have drafted my Affidavit of Non-Military Service?

    Upon completing an Affidavit, you'll be able to see it anytime and anywhere. As a Rocket Lawyer member, you will be able to make edits, save it as a Word or PDF file, and sign it. Each Affidavit of Non-Military Service Form also comes with a series of helpful tips on what to do next.

  • Does an Affidavit of Non-Military Service Form need to be notarized or witnessed?

    Yes, an Affidavit of Non-Military Service Form needs to be notarized. Witnesses are not required by law.

Affidavit of Non Military Service document preview

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