SECOND OPINION This question is for a lawyer who is experienced with Uncontested divorces in Florida. I know someone who

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Customer: SECOND OPINIONThis question is for a lawyer who is experienced with Uncontested divorces in Florida.I know someone who is filing an Uncontested divorce with children. They have their own set agreeement in place as far as child support and everything else related to the case. They woulld prefer not to filethe required financial affidavit Florida Family Law Rules of Procedure Form 12.902(b).For some reason, they heard from a lawyer that they can possibly waive the financial affidavits requirement. From my understanding, the financial affidavits are required in every Uncontested divorce with children. Perhaps they misunderstood what the lawyer told them.Can you please clarify whether they are allowed to waive the financial affidavits in this case, AND if so, what form would they use to waive them?Thank you.
Answered by RayAnswers in 5 mins 3 years ago
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RayAnswers, Expert

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and prepare a response.

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RayAnswers, Expert

This won't work here because you have kids you have to file them.

Reference

Only certain couples are eligible to get an uncontested divorce, also called a “simplified dissolution of marriage,” in Florida. To get a simplified dissolution of marriage in Florida, you must meet the following requirements:

  • no children under the age of 18, adopted or otherwise
  • wife is not pregnant
  • at least one spouse has lived in Florida for at least six months
  • spouses agree on division of property and debts
  • neither spouse is seeking alimony, and
  • both spouses agree that the marriage is broken and want a simplified dissolution of marriage.

Simplified dissolution of marriage is best for couples that want to end their marriage amicably and are willing to cooperate with each other to finalize their divorce. In a regular Florida divorce, the spouses are required to turn over financial information to one another; in a simplified dissolution of marriage, you can waive the requirement of filing a financial affidavit, saving both of you the time and trouble of filling out additional documents.

Forms with instructions you need to submit

https://www.flcourts.org/content/download/403036/3456550/902b.pdf

The reason for the forms is so that other parent claim you hid assets or income.You swear to it so its made part of file for your protection.

I appreciate the chance to help you today.God bless and the best.

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Customer
ALso, I found this black letter law see below:http://floridacourtforms.us/files/nu4d8n73wfw.pdf
Customer
I think the lawyer they spoke to gave them bad information or they misunderstood what exactly they can waive. Seems like they can waive things like disclosing tax returns, pay stubs, etc. BUT NOT financial affidavits.
Customer
Any final comments?
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RayAnswers, Expert

Thats correct since there are kids judge will require affidavits.

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RayAnswers, Expert

Have a blessed day.

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