Changes To Florida Divorce Procedure – Financial Affidavits Do Not Have To Be Filed In Uncontested Divorce Proceedings

Changes To Florida Divorce Procedure – Financial Affidavits Do Not Have To Be Filed In Uncontested Divorce Proceedings

November 6, 2023 | By Beth Reineke

The Florida Supreme Court has approved a Family Law Rule Committee
proposal that permits divorcing couples, under certain circumstances, to waive the requirement
that their financial affidavits be filed with the clerk of court, thereby becoming part of the court
records accessible to the public. The amendments to Rule 12.285, which took effect November
1, 2023, apply only to uncontested divorces. Parties will still be required to exchange financial
affidavits, but if they settle their case before the financial affidavits are required to be filed with
the court, in pre-suit mediation, for instance, they may elect not to file their financial affidavits.
The parties must file a verified (sworn) joint notice with the Court indicating, among other
things, that their case is uncontested; that they have exchanged financial affidavits as required by
the Florida Family Law Rules of Procedure; and that they acknowledge that they have a
responsibility to maintain the financial affidavits indefinitely.