Litigation, in which a divorcing couple argues their case before a judge, may be the most visible form of divorce remediation thanks in large part to television dramas. However, in real life, it only makes up a small fraction of what divorce attorneys do. Other methods of remediation such as mediation or collaborative divorce are much more popular vehicles to dissolve a marriage. Today, the major of what constitutes a divorce is a contractual agreement between the two parties after they have agreed to dissolve their marriage. As an example, a parenting plan is a custody agreement in which parents agree on key parenting decisions. Alimony and child support are also agreed to by contract. Another type of document used in family law is the financial affidavit. In this article, the Tampa, FL family law attorneys at Faulkner Law Group, PLLC will discuss frequently asked questions related to financial affidavits.
What is a financial affidavit?
A financial affidavit is a document in which couples to a divorce list their income sources, expenses, assets, and debts as property of either the marital estate or their own estate. It looks a lot like a tax return. The function of this document is to determine the equitable distribution of the marital estate pursuant to a divorce. This can include alimony payments as well. Couples have to file a financial affidavit regardless of whether or not they have children.
Long-form affidavits versus short-form affidavits
Intuitively, the long- and short-form affidavits are long and short. The long-form affidavit is a multi-page document that includes much more detail than the short form. So long as one individual in the marriage makes at least $50,000 a year, you must fill out the long-form affidavit.
When should I fill out a financial affidavit?
You should fill out your financial affidavit along with your petition to divorce. Before you can file it with the court, the document must be notarized. Within 45 days of filing for your divorce, you must submit the notarized copy of the financial affidavit to your spouse.
What about cases of domestic violence?
Even in cases of domestic violence, you are required to fill out a financial affidavit. If you are the victim of domestic violence and have a protective order against your spouse, you are not required to list your address on the financial affidavit. In this case, you must file a Petitioner’s Request for Confidential Filing of Address. In other words, you are not required to disclose your address to your spouse, but you must still disclose your address to the court.
Talk to a Tampa, FL Divorce Lawyer Today
The Tampa, FL family law attorneys at Faulkner Law Group, PLLC represent the interests of divorcing couples. We have years of experience helping couples in mediation, collaborative divorce, or litigation. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.
