Uncontested Divorce and Financial Affidavit in New York State

Business 6 views 4 answers
My ex and I filing for an uncontested divorce. We have three children and have been separted for about 5 years. visitation and cusotdy and child support have been settled in family court. Do we still need to exchange financial affidavits even though we agreed to keep any debts/assets we have separate. We do not own a home and only each have our own cars. Thank you.

Attorney Answers

4
Howard Schwartz ·
You should be able to waive financial discovery. Only you can decide if that is in your best interest. If the court demands, then both parties can quickly and easily fill out net worth statements.
0 upvotes
Kenneth Eiges ·
For an uncontested divorce it is not necessary to exchange a net worth statement. I would recommend that you include a statement that the parties waive their rights for equitable distribution and discovery. A simple stipulation concerning the parties rights would also be helpful.
0 upvotes
Maura Gregory ·
You must both agree to give up the right to further discovery. The Family Court orders can be continued by the divorce judgment.
0 upvotes
Bruce Guttman ·
Yes, you still need to complete a Net Worth Statement as matters of Equitable Distribution have not been resolved. Equitable Distribution is the method New York State uses to divide marital assets.
0 upvotes

People Also Asked