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Hi, this question is for FL divorce lawyer experienced with the form packets for Uncontested divorces:My friend is filing for Uncontested divorce with her husband but they are not sure which of the following packets they need to buy to fill out their forms based on their situation. They don't have any children, but the husband does have 4 real estate properties.Here are the 3 different forms packets they have the option of purchasing for their divorce (you will see on the left hand side there is a choice of either SIMPLIFIED DIVORCE, DIVORCE WITH PROPERTY BUT NO CHILDREN, AND DIVORCE WITH NO PROPERTY AND NO CHILDREN):http://www.florida-court-forms.net/florida-divorce.html1. First, they were wondering whether they would be allowed in their situation to do the SIMPLIFIED DIVORCE packet even though the husband owns the 4 properties because they would prefer not to be required to fill out the Financial Affidavit forms which they were told are NOT required in the SIMPLIFIED DIVORCE. Are they allowed to choose not to list the husband's real estate properties?2. Which of the 3 forms packets would you recommend they do based on their situation?Thank you.
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Customer reply replied 30 days ago
Note that the wife will not be retaining an interest in any of the real estate properties owned by the husband.
Answered in 8 minutes by:
1/19/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Here is the packet for couples with no children but assets:

http://www.flcourts.org/core/fileparse.php/533/urlt/901b2.pdf

(that link you sent - I could not find the 3 packets you were referencing).

Code 61.075 states that " the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities" which means that the court will confirm the separate property as part of the decree. That statute is here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

Additionally the court will look to the nonmarital assets to see if there was any "commingling" (mixing) of marital and nonmarital assets, or if the marital estate contributed to the non marital assets-that gives rise to a possible change in ownership interest.

The Jahnke case discusses this.

Additionally the trial court must make specific findings on the characterization of property per the following:

A trial court must make written findings reflecting the following:

(a) Clear identification of nonmarital assets and ownership interests;

(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each;

(c) Identification of the marital liabilities and designation of which spouse should be responsible for each liability;

(d) Any other findings necessary to advise the parties or the reviewing court of the trial court's rationale for the distribution of marital assets and allocation of liabilities.

Winney case here

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Customer reply replied 30 days ago
Hi, can you please answer my two questions? I didn't see a response to any of those questions.Here are the three form packets I was referencing:
http://www.florida-court-forms.net/divorce-901a.html
http://www.florida-court-forms.net/divorce-901b3.html
http://www.florida-court-forms.net/divorce-901b2.html

http://www.florida-court-forms.net/divorce-901b2.html - presumably that is the same as:

http://www.flcourts.org/core/fileparse.php/533/urlt/901b2.pdf

That is appropriate for cases where there is property, but no children.

http://www.florida-court-forms.net/divorce-901a.html - this requires no children, no property (no property by either party) or agreement as to how the property will be distributed (but the site you reference states "no property" so I'm not sure if there form is truly the 901a - the 901a packet can be found here and you will see if the parties are in agreement with distribution of property/debt then that form may be used so long as there are no children (so for example the parties can agree to label the nonmarital property as nonmarital even if it was commingled, but that would serve to satisfy the above code) -

Here is the form as provided by the court:

http://www.alachuaclerk.org/forms/Packet1.pdf

For example please see page 29:

We have divided our assets (what we own) and our liabilities (what we owe) by agreement. We are satisfied with this agreement. [Check one only] (__) Our marital settlement agreement, Florida Family Law Rules of Procedure Form 12.902(f)(3), is attached. This agreement was signed freely and voluntarily by each of us and we intend to be bound by it. (__) Our marital settlement agreement is not in writing. We prefer to keep our financial agreements private.

So nonmarital assets can be addressed in that section.

http://www.florida-court-forms.net/divorce-901b3.html - this is also no property, no children.

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Customer reply replied 30 days ago
The problem with the packet you reference is that it's only for ALACHUA COUNTY, FLORIDA. They are not in that particular county and the packets from my site that I referenced serves every county.What about if they decide that they do not want to list the 4 properties the husband owns by their own voluntary decision? Is that allowed? If so, would they be allowed to complete the "NO CHILDREN NO PROPERTY" packet?

If you have the specific county each county provides a form packet- I was just using that county to show you the actual packet.

Each county offers the forms for their particular county -the forms are similar as they are all based on the codes.

I can't find any case law that addresses the issue; the concern is that if property is not addressed one can argue that there was not full disclosure thus the decree could ultimately be challenged.

However this section of the form above:

We have divided our assets (what we own) and our liabilities (what we owe) by agreement. We are satisfied with this agreement. [Check one only] (__) Our marital settlement agreement, Florida Family Law Rules of Procedure Form 12.902(f)(3), is attached. This agreement was signed freely and voluntarily by each of us and we intend to be bound by it. (__) Our marital settlement agreement is not in writing. We prefer to keep our financial agreements private.

-this does provide an out, so to speak, because it does allow an agreement to be verbal and to check that it was already divided.

If the parties are absolutely certain that one won't later argue that there was not full disclosure, then it is possible to claim no property if there is a reasonable belief that the marital estate does not have any claim on the nonmarital assets; but most attorneys prefer to err on the side of full disclosure because nondisclosure is one of the more common grounds for vacating any decree/stipulation/agreement.

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