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Now It Is Possible to Get Divorced in Florida Without Filing Financial Affidavits


It has become a cliché by now that, after years of posting pictures on social media of their every date night and their children’s every milestone, post a text-only announcement of their separation and impending divorce, in which they inevitably ask for their privacy.  Divorce is painful enough because you must be honest with yourself and your spouse about all the things you avoided talking about during your marriage and because your entire family routine is thrown into disarray.  Having your divorce case end up in a court of appeals, where the ruling becomes a matter of public record is a unique kind of humiliation, especially since the ruling recites many details about the legal procedures of your divorce and the conflicts that led to the breakdown of your marriage.  Resolving your differences in mediation, so that the judge must only sign off on the marital settlement agreement (MSA) that you and your spouse have drafted is one way to avoid feeling like yours is like a celebrity divorce, with all of the airing of dirty laundry, but with none of the wealth and glamor.  A new Florida law gives some Florida couples going through a divorce an even greater measure of privacy.  To find out whether you are a good candidate for uncontested divorce, contact a Boca Raton divorce lawyer.

What Is Rule 12.285, and Does It Apply to Your Divorce?

Perhaps there is no such thing as a good divorce, but if you can get an uncontested divorce, consider yourself lucky.  In a contested divorce, one spouse files a divorce petition listing his requests for property division and, if applicable, parenting time, and the other spouse files a response with her own requests, where these differ from the requests that the petitioning spouse listed.  In an uncontested divorce, both parties have worked out all the details of property division among themselves, so they jointly file one divorce petition.  If they have minor children, they also have agreed to the terms of a parenting plan.

Until recently, couples getting an uncontested divorce had to submit detailed financial disclosures to the court, just like couples in the process of a contested divorce.  These disclosures include details about each spouse’s income, as well as separate and marital assets and debts.  At the beginning of this month, Rule 12.285 went into effect.  Pursuant to the new rule, couples in the process of uncontested divorce no longer have to file their financial disclosures to the court.  They must, however, still provide financial disclosures to each other.  Uncontested divorce is not for everyone, but if you qualify for it, the new rule can simplify the process.

Contact Schwartz | White About Uncontested Divorce

A South Florida family law attorney can help you comply with all the legal requirements so that you can have the most painless divorce possible, whether it is contested or uncontested.  Contact Schwartz | White in Boca Raton, Florida about your case.



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