Uncontested Divorce and Financial Affidavit in New York State

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.

Mount Kisco, NY -

Attorney Answers (4)

Howard A. Schwartz

Howard A. Schwartz

Divorce / Separation Lawyer - Brooklyn, NY
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.

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Kenneth Alan Eiges

Kenneth Alan Eiges

Divorce / Separation Lawyer - New York, NY
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.

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Maura N. Gregory

Maura N. Gregory

Family Law Attorney - Mahopac, NY
Answered

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

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Bruce Howard Guttman

Bruce Howard Guttman

Divorce / Separation Lawyer - Melville, NY
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

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

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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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