Legal Question in Family Law in Florida

Financial Affidavit

I just recieved papers for my divorce. Is it absolutely required to fill out a financial affidavit? I don't want my finances to become public knowledge. I have a short form that says under 50k income, but what if I make more than that? My ex and I have been separated for more than 15 years, must I give that information in order for a non-contested divorce? That's my privacy. Am I right to think so?


Asked on 4/15/08, 6:22 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Financial Affidavit

It sounds pretty clearly like you are doing this without an attorney. That is not very smart.

I can not tell whether you live in NJ or not.

If you want a New Jersey lawyer's assistance, please call me.

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Answered on 4/15/08, 7:24 pm
Brent Rose The Orsini & Rose Law Firm

Re: Financial Affidavit

You are wrong to think so. The long-form financial affidavit is required in all divorces where that person makes $50,000 or more. Uncontested divorces are not an exception.

The idea is that you are required to reveal all your assets to the judge and your spouse so that your spouse can't come back and reopen your divorce six months from now and say, "Had I known about that asset I would have tried to get it."

I know you're thinking, "But we both agree to waive all our rights to each other's assets." But the law says you can't waive a right to something you don't know about. You have to reveal everything now so that you each know what you are waiving your rights to. You both will have to file financial affidavits or the judge may deny the divorce.

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Answered on 4/15/08, 7:48 pm
David Slater David P. Slater, Esq.

Re: Financial Affidavit

If it is uncontested, and no one is seeking marital distribution, or any suppport, no.

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Answered on 4/15/08, 6:39 pm


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