Waive Financial Affidavit

by Jack from Clearwater, Florida, Pinellas County

If we do not share any properties or assets, would either or both of us need to complete financial forms?

We are not looking to obtain any money from the other person and we do not have children together.

Answer to Florida Divorce Question

Dear Jack,

That depends. If you are filing a Simplified Dissolution (see Florida Uncontested Divorce) the answer is no, the requirement to file the financial affidavit form can be waived.

In the Simplified Dissolution of Marriage Form 12.901(a), line 7 states:

7. {check one only}

( ) We have each completed and signed financial affidavits, Florida Family Law Rules of Procedure Forms 12.902(b) or (c), which are attached to this petition.

( ) Each of us is satisfied with the financial disclosure we received from the other spouse and we waive the filing of financial affidavits.

Otherwise, if you are filing any one of the regular Petitions for Dissolution of Marriage (see Florida Divorce Forms) my understanding is that you will need to file a Marital Settlement Agreement which states the financial disclosures you have agreed to and that you waive all other mandatory disclosure requirements.

A quick look at the instructions to each of the Financial Affidavit forms 12.902(b) and form 12.902(c), you'll see the following requirement:

This form should be used when you are involved in a family law case which requires a financial affidavit... unless:

(1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of financial affidavits;

(2) you have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues, or

(3) the court lacks jurisdiction to determine any financial issues

For further discussion and more information about Florida Divorce and the Financial Affidavit requirements, see the following related FAQ pages:

Financial Affidavit - Florida Divorce

Florida Divorce & Financial Affidavit

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