Assert you or someone else is not on active duty: Affidavit of Non Military Service
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.
How do I get my Affidavit of Non Military Service reviewed?
If you already have an Affidavit of Non Military Service and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Affidavit of Non Military Service
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In the Court of County, State of
Case no.
AFFIDAVIT OF NON MILITARY SERVICE
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.
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:
- Make your Affidavit - Provide a few details and we will do the rest
- Send or share - Look over the document with an attorney, if desired
- 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.
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How much might I traditionally pay for an attorney to help me make an Affidavit of Non-Military Service?
Attorney fees for drafting or reviewing an Affidavit of Non Military Service can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Affidavit of Non Military Service tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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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.
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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.
