Uncontested Divorce and Financial Affidavit in New York State

Asked over 2 years ago - Mount Kisco, NY

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)

  1. Howard A. Schwartz

    Contributor Level 20


    Lawyers agree

    Answered . 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.

    I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-... more
  2. Kenneth Alan Eiges


    Contributor Level 7


    Lawyer agrees

    Answered . 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.

    Answers to questions on Avvo are mean to inform not to advise. Do not follow any advise given until you speak to... more
  3. Maura N. Gregory

    Contributor Level 3

    Answered . You must both agree to give up the right to further discovery. The Family Court orders can be continued by the divorce judgment.

    Statements made are not to be construed as legal advice and assume the accuracy of facts supplied.
  4. Bruce Howard Guttman

    Contributor Level 5

    Answered . 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.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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