We get may questions about the Florida financial affidavit. The most popoulat question is whether you must file a Florida financial affidavit in your divorce. Those divorcing couples who have made agreements as to the property and children often want to skip filing a Florida financial affdiavit because they "have an agreement," and well, frankly, doing the affidavit is pain in the neck sometimes.
Guess what? You have to file a Florida financial affidavit in your divorce or paternity case unless you are eligible to use the Simplified Petition for Dissolution of Marriage (no children and either no property or a property agreement). In all other Florida divorce and paternity cases both parties MUST file the financial affidavit. I have even heard tell that some Clerks of Court will not accept your do it yourself paperwork without your affidavit. That's because the financial affidavit is required by Florida law.
Lawyers will tell you that the Florida financial affidavit is one of the most important documents in your divorce or paternity case. The Court will use the affidavits from both parties to divide property in a divorce and to set child support amounts in paternity and divorce cases. If, somewhere down the road, you discover that there was marital property which was not disclosed in the divorce, the financial affidavits will provide the basis to show that property was hidden and not disclosed to you.
Florida financial affidavits are a snapshot of your current financial condition. You may need to file different versions if your expenses or income will be changing with the divorce. For example, if you are leaving the marital home and setting up another home, you may file a Florida financial affidavit with your new expenses on it so that you can demonstrate the need for alimony (just an example). The bottom line is that yes, you must file a Florida financial affidavit with your case.