New Florida Family Law Rules Gives Some Divorcing Couples the Right to Waive the Filing of Financial Affidavits With the Court (Uncontested Divorce)
According to a report from the Florida Bar Association, the Florida Supreme Court will allow a new rule that grants some divorcing couples in the state the right to waive financial affidavit filing requirements. The rule—which takes effect later this year—is designed to help make the process less complex for some couples going through an uncontested divorce. Here, our Boca Raton divorce lawyers provide a comprehensive overview of the key things that you should know about new rules change.
Divorce in Florida: What are Financial Affidavits?
In Florida, spouses going through a divorce owe each other a basic duty to make comprehensive and accurate financial disclosures. It occurs primarily through a type of legal document called a financial affidavit. Both parties in a divorce are typically required to complete and submit this sworn statement to ensure full financial disclosure. The information helps the court make informed decisions about alimony, child support, property division, and other financial matters.
Note: The extent of financial disclosure requirements depend, in part, on the assets and income of the parties. If a spouse has an annual income of $50,000 or greater, they are required to use the long form financial affidavit to provide financial disclosures for the divorce.
Some Divorcing Couples May Mutually Waive Financial Affidavit Requirements
As of November 1st, 2023, a new family law procedural rule will officially take effect in Florida.
The Florida Supreme Court has approved proposed changes to Rule 12.285. The new guidelines will allow certain divorcing couples to forgo the filing of financial affidavits. The rule only applies to uncontested divorce cases. While couples are still required to make financial disclosures to each other, they will no longer be required to file financial affidavits with the court if both parties agree to waive the requirement. It could eliminate a procedural step in certain low-conflict, uncontested divorce cases. For many couples, anything to promote an amicable divorce is advantageous.
Divorcing Couples Still Need Comprehensive Financial Disclosures
Even with the new amendments to Rule 12.285, it’s vital for divorcing couples to understand the importance of comprehensive financial disclosures. Though the mandatory filing with the court may no longer be required in certain cases, the exchange of these affidavits between parties remains crucial. Full disclosure ensures both parties are well-informed of each other’s financial positions, preventing potential discrepancies and disagreements down the line. It facilitates fair negotiations on matters like property division, alimony, and child support. You do not have to figure out financial issues alone. Your Florida divorce lawyer will protect your rights and your interests.
Get Help From Our Florida Divorce Attorney Today
At Williams & Varsegi, LLC, our divorce lawyers are skilled, experienced, and reliable advocates for our clients. We have deep experience handling complex divorce cases. If you have any questions or concerns about financial disclosure requirements, please do not hesitate to contact us today for your fully confidential case evaluation. We serve communities throughout the region.
Source:
floridabar.org/the-florida-bar-news/ruling-allows-some-divorcing-couples-to-waive-filing-financial-affidavits/
