Legal Question in Family Law in Florida
Simplified Dissolution of Marriage in Florida
We just filed are case for a simplified
dissolution of marriage (no children)
and also filed was the marital
settlement agreement that we filled
out. My question is, if we both
believe the division is fair and
equitable and we don't want to file
the financial affidavits, do we have to
in order to get divorced?
2 Answers from Attorneys
Re: Simplified Dissolution of Marriage in Florida
Yes, financial affidavits are required by state law. Unless the judge or the clerk misses something or lets you get away with something, which is unlikely, you will have to file financial affidavits.
The reason for financial affidavits is to make sure that you tell each other in open court what you are worth. That way, neither of you can try to reopen your divorce, claiming that the other hid something to which the other spouse could have made a claim. The courts want divorces to be final, not reopened, and the only way to do that is to make sure yo both tell each other--and the judge-- everything.
Re: Simplified Dissolution of Marriage in Florida
If you want a divorce you better! The law requires it. The whole idea is fair dealing with one another unless both parties are playing games?