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Florida Supreme Court Ruling Allows Some Divorcing Couples to Waive Filing Financial Affidavits in Florida
|The Florida Supreme Court has approved a Family Law Rules Committee proposal that significantly changes the process for divorcing couples. Under certain circumstances, they can waive the filing of financial affidavits. This amendment to Rule 12.285, effective November 1, 2023, is a boon for uncontested divorces. See, Florida Supreme Court Ruling No. SC2022-1738, dated September 7, 2023.
This ruling is particularly significant for settled divorce cases, because not filing financial affidavits helps preserve the divorcing couples’ privacy.
“Just because you’re getting divorced doesn’t mean that the whole world should know about your finances.”
Are Divorcing Spouses Now Required to Exchange Any Financial Information During Mediation?
Florida Divorces often involve a good number of financial issues. During divorce mediations in Florida, spouses will still be required to exchange financial affidavits and may still exchange other financial records pertinent to the financial issues being mediated, but so long as they later properly acknowledge in the appropriate court document that they accept the responsibility of maintaining at least copies of each party’s original financial affidavit, they will no longer be required to file their financial affidavits with the court clerk, thereby shielding the financial affidavit from the public record.
Typical situations for waiving the requirement may include:
- Uncontested/Settled Divorce Cases: In cases where both parties agree on all financial matters and the other matters relevant to their divorce, they may choose to waive the filing of financial affidavits. If parties have minor children, they must still file verified statements of their incomes with the court, so the court can confirm their child support arrangements, but their full financial affidavits, detailing all their assets and liabilities, do not have to be filed with the court.
- Simplified Divorce: In cases where there are no joint assets or debts, no minor children of the marriage, and neither party is seeking any financial relief from the other party, divorcing spouses qualify for a special type of divorce called a “Simplified Dissolution of Marriage Action”. Court documents still need to be filed with the court clerk and both spouses must appear at the final hearing to confirm the facts are as stated in the pleadings, but financial affidavits are not required to be exchanged or filed.
Beth Reineke, founder of Reineke Mediations, is well-versed in the advantages of divorce mediation, both pre-suit divorce mediation and mandatory divorce mediations taking place after filing. This is especially important in light of the Florida Supreme Court’s new ruling (SC2022-1738) allowing couples under certain circumstances to forego the filing of their financial affidavits with the clerk of court. Her expertise and understanding of the family law court process can provide divorcing couples with the confidence they need during this challenging time.
Whether you reside together in Florida, or one spouse resides elsewhere, including out of state or abroad, our experienced divorce mediator provides the option of conducting pre-suit voluntary mediations and mandatory mediation sessions either in person or virtually. These sessions are designed to foster constructive dialogue between couples, aiding them in achieving mutually agreeable resolutions to their diverse divorce and other family law matters, such as child custody, spousal support, property division, and other related issues.
Contact Beth Reineke to discuss whether your family law needs are a good fit for pre-suit mediation or another form of alternative dispute resolution during a free phone consultation.
