QUESTION
Must we fill out all the forms for divorce if we have already seperated everything and agree on everything?
Asked on Jan 04th, 2014 on Divorce - Florida
More details to this question:
Getting divorced. He left, took all his belongings. Have already separated monies, assets, liabilities and personal and marital belongings. Do we have to go through the annoyance of filing the financial affidavit? We can not do a simplified divorce because it requires both of us at the final hearing. I am moving back home to PA at the end of January and NEVER coming back to Florida.
1 ANSWER
Florida law requires the filing of a financial affidavit in all divorce caseswhere there are assets and/or liabilites to divide.
If you allege in your petition that all assets and liabilities were divided prior to filing the petition you "may" be able to avoid filing the financial affidavits. However, you should err on the side of caution and file the affidavits. It is unlikely the court will actually scrutinize the affidavits if your spouse and you have amicably resolved everything, but in the absence of an actual settlement agreement it is best you get the affidavits and then set your final hearing.
Since you are leaving soon, I'd hate to have the judge not grant the divorce and make you come back AFTER you both have filed affidavits.
Best of luck,
Cindy Vova
Law Office of CIndy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Answered on Jan 04th, 2014 at 5:59 PM