If you are in the United States and are asked for a document confirming that you are not married (or that you are legally free to marry), it is very common to be asked for an affidavit of single status. In this guide, We explain what it is a single status certificate, how commonly it is used, how to prepare it, and what to do if your country requires an apostille.
Important: The exact requirements depend on the institution and the country where you will present the document. A notary can help you prepare it correctly, but it is always advisable to verify the specific requirement with the authority requesting it.
What is a Single Status Affidavit and what is it used for?
A Single Status Affidavit (also known as a declaration of single status or certificate of single status) is a document in which a person declares under oath their current marital status (for example, “single,” “divorced,” or “widowed”) and states that they have no legal impediments to getting married or completing a specific process.
It is commonly requested for:
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Marriage abroad (civil procedures in the destination country).
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Administrative processes where confirmation of marital status is required (for example, family-related files).
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Some residency procedures, benefits, or registrations (depending on the country).
Watch out for a common confusion
In some countries (including procedures related to Mexico), they may request a “certificate of single status” issued by a civil registry authority, which cannot always be replaced by an affidavit. For example, some Mexican consulates indicate that the certificate must be obtained from the Civil Registry of the state where your birth was registered.
For that reason, the first step is to confirm whether they require:
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A sworn affidavit single status before a notary, or
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An official certificate issued by the civil registry.
Now let's see how to get affidavit of single status.
How to prepare this declaration step by step
Step 1: Confirm the format and the information required
Before drafting the document, confirm with the receiving entity whether they require:
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Exact marital status (single/divorced/widowed)
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Place where the document will be presented (country/city)
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Whether it must be apostilled or legalized
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Language (and whether a certified translation is required)
Step 2: Draft the content with the minimum required information
A solid declaration usually includes:
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Full name
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Date of birth
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Nationality
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Current address
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Current marital status and a statement such as: “I declare that I am currently not married and that I am legally free to marry.”
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If applicable: details of a divorce or the death of a spouse (date and place), without including excessive details.
Step 3: Sign before a notary (do not sign beforehand)
You must sign it in the presence of a notary, because the notary certifies your signature and/or oath according to the type of notarial act required (acknowledgment or jurat).
Single Status Affidavit before a notary: Why is it necessary?
Because the practical validity of the document depends on a notary public certifying the identity of the signer and the act of signing or swearing according to state law. In addition, if you need an apostille, the apostille usually authenticates the notary’s signature and seal (as a “public official”) in that state.
Step 4: If the document will be used outside the U.S., determine whether it requires an Apostille or Authentication
This is the key point to avoid rejections:
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Apostille: when the country where you will use the document is part of the Hague Apostille Convention.
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Authentication/Legalization: when the country is not part of the Convention; it may require additional steps (for example, authentication and then legalization by a consulate or embassy).
Where is the apostille obtained?
It depends on the type of document:
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For state documents (such as a notarized affidavit): the apostille is requested from the Secretary of State of the state where the notary is commissioned.
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For federal documents: the apostille or authentication is issued by the U.S. Department of State (Office of Authentications).
Example (California): the Secretary of State publishes the procedure and fees required to request an apostille.
When should you apostille the Single Status Affidavit?
In general:
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Yes: if you will present it to an authority or registry outside the U.S. and they request an “apostille.”
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Not necessarily: if you will use it within the U.S. (for example, local procedures) or if the receiving authority accepts only notarization.
If the country does not use apostilles, then authentication/legalization will be required instead.
Step 5: Translation (if applicable)
If the receiving country requires the document in Spanish (or another language), they often request a certified translation and, depending on the case, notarization of the translator’s signature or equivalent requirements. For documents intended for international use, the U.S. government recommends using a professional translator when required.
Do you need to complete a Sworn Affidavit in the United States?
At Notaría Latina, we handle your document and apostille quickly and securely.
Request Affidavit for Single Status
Common mistakes when preparing a Single Status Affidavit (and how to avoid them)
1. Signing before going to the notary.
Solution: Sign only in the presence of the notary.
2. Using a format that does not match what the receiving country requires.
Solution: Confirm whether they require an “affidavit” or an official certificate.
3. Not obtaining an apostille when the country requires it.
Solution: Determine whether the country is part of the Hague Convention (apostille) or not (authentication/legalization).
4. Apostilling in the wrong state.
The apostille for a notarized document must be requested in the state where the notary is commissioned (not necessarily where the person lives, if different).
5. Inconsistent information (names, dates, marital status).
Solution: Verify that your name matches your identification and that your marital status is accurate.
How a Notary in the U.S. can help you (focus for the Latino community)
At a notary office, you can complete the process in an organized way:
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Proper drafting according to the purpose (marriage, administrative file, etc.)
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Signing before a notary with valid identification
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Preparation for apostille according to the state and destination country
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Translations and preparation of the full document package (if the process requires it)
Published on 19 Feb 2026
