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Ruling Allows Some Divorcing Couples to Waive Filing Financial Affidavits in Florida
|The Florida Supreme Court has approved a Family Law Rule 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.
This ruling is particularly significant for such cases, as it can streamline the process and make it more efficient.
“Just because you’re getting divorced doesn’t mean that the whole world should know about your finances.”
Are Uncontested Divorcing Spouses Required to Exchange Any Financial Information?
During uncontested divorces in Florida, spouses will still be required to exchange the affidavits and “acknowledge that the responsibility to retain records rests solely with them,” the justices stressed in the order.
Waiving the requirement means that both parties agree not to submit detailed financial disclosure documents typically required during divorce or other family law proceedings.
Typical situations for waiving the requirement may include:
- Uncontested Divorce: In cases where both parties agree on all financial matters and the divorce terms, they might choose to waive the filing of financial affidavits.
- Simplified Divorce: Florida allows for a simplified dissolution of marriage process for couples without minor children and who have agreed on the division of property and debts.
This can be a practical decision in mediation cases where both parties clearly and mutually understand the implications of waiving financial disclosures and their rights are protected. In most cases, the court must approve the waiver to ensure it is fair and complies with legal standards.
Beth Reineke, founder of Reineke Mediations, is well-versed in the advantages of mediation for uncontested divorces, especially in light of the new ruling. Her expertise and understanding of the process can provide divorcing couples with the confidence they need during this challenging time.
Whether you both live in Florida or one spouse lives out of state or country, our skilled mediator offers the flexibility of in-person and virtual ADR sessions. These sessions facilitate productive discussions between couples, helping them reach mutually acceptable solutions to all their unique divorce and family-related issues, including child custody, spousal support, property division, and more.
Contact Beth Reineke to discuss whether your family law needs are a good fit for mediation or another form of alternative dispute resolution during a free phone consultation.
