Legal Question in Family Law in Florida
Deciding to split everything 50/50 in divorce
Dear Sirs;
If a person is getting a divorce,and
they decide to split everything 50/50, do they have to go through
mediation,and do they have to still
fill out the long form answer sheets?
4 Answers from Attorneys
Re: Deciding to split everything 50/50 in divorce
Not if a properly exeuted agreement is submitted with the divorce petition.
Re: Deciding to split everything 50/50 in divorce
You do not have to go to mediation if you agree on everything (not just property but alimony, child support, and custody if there are any children). You do have to prepare a prepare a financial affidavit (each one of you), long form if your income is over $50,000.
Re: Deciding to split everything 50/50 in divorce
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The court requires a full disclosure of both parties in order to allow a knowing agreement to be reached. Mediation is not required if both parties agree and they have reached an amicable settlement agreement.
Scott R. Jay, Esq.
Re: Deciding to split everything 50/50 in divorce
Mediation would not be required if ALL issues are resolved between the parties. Answers can be short and brief but what I think you are referring to is the financial affidavit and each party would have to complete one to satisfy the full financial disclosure under the law. It looks worse than it actually is. Then once you have done that (if there are kids there is a parenting course etc.. you may need to complete) then you can attach you written agreement resolving all issues in your case to the final judgment and schedule same for hearing. Your self help center should have a Motion to Set Final Hearing Form available for you to complete. Hiring an attorney or a mediator to help you complete these forms and offer you step by step instructions on how to proceed is the better way to go.