There are several types of affidavits for a divorce settlement. Which ones you use depend on your personal circumstances. One affidavit must be completed by everyone getting a divorce--the Family Law Financial Affidavit. The financial affidavit discloses income, expenses, assets and liabilities. It helps determine a fair settlement between the parties, whether the divorce proceedings settle out of court or go to trial. Even in uncontested divorces (wherein the divorce proceedings settle out of court), a financial affidavit is tantamount. Many courts will not allow parties to divorce without a financial affidavit on record.
Obtain a blank copy of the Family Law Financial Affidavit from the clerk of court or download it from the clerk's website. You must download the financial affidavit from your specific state's clerk of court in the county you are filing for divorce.
Read the instructions that accompany the Family Law Financial Affidavit. Each state may have its own local requirements on the financial affidavit, but every financial affidavit will ask for the same information regarding assets, liabilities, income and expenses.
Fill in all the required information on the Family Law Financial Affidavit. Transfer your income information, including tax information from your pay stubs. Always use the latest credit card statements, retirement statements and liability statements, so balances are as close as possible. The financial affidavit will ask you the monthly payment on credit card accounts and other liabilities. It also asks you to input interest earned on retirement statements. If an amount changes from month to month, enter an average amount, then make a notation in the side margin that the amount is "avg."
Fill in all information regarding your assets. If you can obtain the current value online (i.e. for cars, NADA.com; for homes, you can use zillow.com or the tax assessor's information, if available online), enter the current value.
Fill in all expenses. Expenses are only expenses that you pay or expect to pay after the divorce and you are paying for your own housing, food, child care, etc.
Complete all information, then double check the amounts entered. Double check your math. Once you are sure that the financial affidavit represents your financial situation as close as possible, take the unsigned financial affidavit to a notary. Sign it in front of a notary and notarise the financial affidavit. Make the appropriate number of copies and file the original with the clerk of court. An additional copy must be forwarded to the respondent (if you are the petitioner) or the petitioner (if you are the respondent). If the opposing party has counsel, the financial affidavit must be sent to counsel, not the opposing party.
Things you need
- Pay stubs
- Credit card statements
- Retirement statements
- Value of all assets
- Liability statements