Legal Question in Family Law in Florida
In a uncontested divorce with children in Florida, is the respondent responsible for filling out the UCCJEA form and Notice of Social Security form or is that the Petitioner's responsibility? Also, I was informed that only the respondent has to fill out a financial affidavidt and that I, the petitioner, didn't have to due to the respondent agreeing not to be at the hearing. Is that correct or do I have to complete the financial affidavidt as well?
5 Answers from Attorneys
Generally, the Petitioner would be the one to file a Notice of Social Security Number and UCCJEA Affidavit. If there are children and child support will be an issue, both parties should file financial affidavits.
I always direct my clients to complete all forms, nothing makes a Judge madder than their requirement a party complete a form, the at a hearing the form is unavailable.
IN an uncontested divorce you will need "Answer Waiver and Waiver of 20 days Notice and Copy of Final Judgment" for the Respondent to sign and file.
if there are children involved; you both need to file a Financial Affidavit - you both need to complete the Children First in Divorce course and you will need to complete a child support worksheet. NO divorce will be granted without the CFID when children are involved.
Both parties should fill out and submit all affidavits. Never rely on the other party to fill out a form because that's "their" job. You protect yourself and your interests - fill out the form9s). You absolutely must do a financial affidavit, and try to get it as correct as you can. its important.
If there are children involved the Petitioner must fill out the UCCJEA Form.
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