Legal Question in Family Law in Florida

Divorce Papers

My husband( who lives in Florida) and I have been separated for 15 years and we are about to have an uncontested divorce. In the papers, I have to fill a financial affidavit form, why? We have nothing together or want anything? I don't wish for him to know my finances and he feels the same about his.


Asked on 3/21/08, 11:35 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Divorce Papers

The point of the Financial Affidavit is so that you DO know each other's finances. Judges don't want you to come back to court a year later to reopen your divorce and say, "I didn't know about his 401(k) [or whatever]! Had I known about it, I'd have tried to get half of it!"

With the Financial Affidavits, you can't claim you didn't know about everything (unless someone lies), so you can't reopen your case. Unless the judge or the clerk misses it (rare), you'll both have to do your Financial Affidavits. You can't claim you don't want anything from each other unless you know what it is you don't want.

Read more
Answered on 3/21/08, 12:37 pm
David Slater David P. Slater, Esq.

Re: Divorce Papers

If it uncontested and neither are seeking support or marital distribution, you need file nothing.

Read more
Answered on 3/21/08, 2:13 pm
Thomas Rosenblum Rosenblum Law Offices

Re: Divorce Papers

Hello: I read your question and the responses. I would add...It depends on which County the case is in and which judge. If there are no minor kids and neither party is seeking alimony, there is no need to file financial affidavits. If you two are not using attorneys, but he got the packet of forms from the Clerk's Office, it contains all the forms and the Clerks who assist parties are told to get people to fill out the Affidavits. As such, people feel they have to do it. If I can be of further assistance in North Fla. give my office a call. Good Luck, Tom Rosenblum.

Read more
Answered on 3/24/08, 5:37 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida