Fort Lauderdale Divorce Lawyer

Financial Disclosure Forms and Your Florida Divorce

dissol2

Like many other states, Florida court requires both spouses in most divorce proceedings to complete a Family Law Financial Affidavit. The point of this form is to make the divorce process as transparent as possible. This step ensures that both spouses know about all property and debts that exist, which may be subject to division in the parties’ dissolution proceedings. There are a few circumstances, however, in which divorcing spouses do not have to complete and file a financial affidavit.

When Do I Have to Complete a Financial Affidavit Form?

For divorces involving a spouse whose gross annual income is $50,000 or more, you must file the long form Family Law Financial Affidavit. If neither spouse has an annual gross income of more than $50,000, then the spouses can use the short form Family Law Financial Affidavit. Additionally, there are some situations in which the spouses don’t have to complete the financial affidavit. The court will not require you or your spouse to complete the financial affidavit if your situation falls into one of the following examples:

  • You are using the simplified dissolution of marriage process that is available under Florida law and you and your spouse both have waived the filing of a financial affidavit
  • You and your spouse have no children together, no support issues, and have filed a written settlement agreement that resolves all financial issues related to your marriage
  • The court does not have jurisdiction to determine any financial issues in your dissolution of marriage case

What Do I Do With My Completed Financial Affidavit Form?

Pursuant to Florida court rules of procedure, you must complete the appropriate financial affidavit form and sign it in front of a notary public or a deputy clerk. You then file the original affidavit with the clerk of court’s office in the county in which you or your spouse has filed for divorce. You also should keep a copy of the affidavit for your own records, as well as serve a copy on your spouse, which may occur along with your initial divorce paperwork. Otherwise, you have to properly serve a copy of the affidavit on your spouse within 45 days of being served with initial divorce paperwork from your spouse.

What Other Financial Information Do I Need to Exchange With My Spouse?

In addition to the required financial affidavit, you also must exchange a number of other financial documents, including the following:

  • Personal income tax returns
  • Business tax returns
  • Documentation of income, such as three months of your paycheck stubs
  • Any loan applications or financial statements prepared in the last 12 months
  • Real estate documents, including deeds, leases and promissory notes
  • Three months of statements from your bank accounts
  • The most recent statement for any retirement or pension plans
  • Documentation of any life insurance policies that you own
  • Health and dental insurance cards that cover you, your spouse, and/or your children
  • All debt statements for the last three months, including loan and credit card statements
  • All premarital and marital agreements that you and your spouse signed

Get the Legal Help That You Need in Your Divorce Proceedings

If you are considering divorce as an option for your current situation in the state of Florida, you need to ensure that you comply with all relevant laws and court rules. An experienced family law attorney can guide you through the completion of the financial affidavit and help you make the decisions that are best for you and your family. Contact Vanessa L. Prieto Law Offices, LLC, today and see what we can do to help.