As you part ways with your partner, you`ll have to make several difficult decisions, including deciding how to allocate your property. If you need help creating or revising a property settlement agreement, or if you have other questions about the divorce process, it may be in your best interest to contact an experienced divorce lawyer in your area. During a divorce in Orlando, Tampa and throughout the state of Florida, it is mandatory for the parties to disclose certain financial documents and information, including a financial affidavit. These documents must be exchanged for inspection and reproduction within 45 days of the initial divorce application being served. Parties are also required to complete documents, including affidavits, if their financial situation changes significantly. However, the parties are not required to file and service an affidavit if they are seeking a simplified dissolution of the marriage, «have no minor children, have no support issues and have filed a written settlement agreement dealing with all financial matters, or if the court does not have jurisdiction to determine financial matters.» Fla. Fam. Law R. Proc. 12.285. In most cases, shortly after bringing in a new client, we ask questions that lead to the conclusion of one of two different family law affidavits.
This form is used to inform the other party of your current financial situation and is typically used to determine the correct equitable distribution of matrimonial property in a dissolution case, to determine the appropriate amount of support payments to be paid (if any) and/or to help finalize the Family Law Guidelines for Child Support Guidelines worksheet. However, there are circumstances in which our clients question the idea of whether they really need to complete the family law affidavit, and rightly so. For example, if you`re filing for a simplified dissolution of marriage (Florida`s version of «quick» divorce) where both parties are on the same page on all issues and just want to get a divorce decree as quickly and cheaply as possible – why would you need to file one? The financial and time costs of forms far outweigh the potential benefits in the divorce process. This is especially true in cases where the parties have been separated for some time and simply do not want to submit to the need to disclose personal and financial information to the person they will soon be divorcing. Note: This form deals with property issues only in the context of divorce proceedings, in which the parties agree on how assets should be divided. It does not deal with other problems that may arise during a divorce, such as.B. Maintenance of the child or conjugal, custody/visitation or division of property when property interests are disputed. It is always recommended that you consult a lawyer before signing an agreement regarding your property interests so that you have a comprehensive understanding of your rights, including the matrimonial property rights you acquired during the marriage. .