Are Financial Affidavits Mandatory in my Florida Divorce?
Are Financial Affidavits Mandatory in my Florida Divorce?
In most cases, soon after we bring a new client in, we ask questions that lead to the completion of one of two different Family Law Financial Affidavits. This form is used to put the other party on notice of your current financial circumstances and is usually used in order to determine the proper equitable distribution of marital property in a dissolution case, in order to determine the proper amount of alimony to be paid (if any), and / or in order to aid in the completion of the Family Law Child Support Guidelines Worksheet.
There are some circumstances, however, in which our clients challenge the idea as to whether or not they really should have to complete the Family Law Financial Affidavit, and rightfully so. For instance, if you are filing a Petition for Simplified Dissolution of Marriage (Florida’s version of the “quickie” divorce), in which both parties are on the same page on all issues and just want to obtain a divorce judgment as quickly and cheaply as possible – why should you need to file one? The forms’ financial and time costs greatly outweigh the possible utility in the divorce process. This is particularly true in cases in which the parties have been separated for some time and simply do not want to subject themselves to having to divulge personal, financial information to the person from whom they will soon be divorced.
Thankfully, the Florida Family Courts recognize that there are circumstances in which the financial disclosures should not be mandatory. The following examples are provided by the state of Florida as situations in which the financial affidavits need not be filed:
(1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of a financial affidavit;
(2) You have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues; or
(3) The court lacks jurisdiction to determine any financial issues.
How We Can Help
If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed family law attorney who has been practicing law since 1987. He is available whenever you need him to pursue your rights. Please learn about our firm at www.FerrisLawFirm.com.