The short answer
Sometimes. Under Florida Family Law Rule of Procedure 12.285, divorcing spouses can agree to waive most mandatory disclosure documents, but they cannot waive exchanging sworn financial affidavits. They can only agree not to file those affidavits with the court. Simplified dissolutions are not covered by Rule 12.285 at all.
Can we waive the financial disclosure requirement?
Sometimes. In a Florida divorce, you and your spouse can agree to skip most of the paperwork that mandatory disclosure requires. Mandatory disclosure is the rule that makes each spouse share financial records. You cannot skip the sworn financial affidavit, a signed form listing your income, expenses, assets and debts. You can only agree not to file it with the court.
This comes from Rule 12.285 of the Florida Family Law Rules of Procedure (text checked as of October 2026). It says any part of the rule "may be modified by order of the court or agreement of the parties," except the child support worksheet. But it also says the financial affidavit requirement "cannot be waived by the parties."
- What you can waive by agreement: Most supporting documents, such as tax returns, pay stubs, bank statements and loan papers
- What you cannot waive: Exchanging sworn financial affidavits (Form 12.902(b) or 12.902(c))
- What you can skip filing: The affidavits themselves, with a Notice of Joint Verified Waiver of Filing Financial Affidavits, Form 12.902(k)
- Deadline: Disclosure is due within 45 days after the other spouse is served with the divorce petition
| Item | Can you waive it? | How |
|---|---|---|
| Supporting financial documents | Yes | Written agreement or court order |
| Exchanging sworn financial affidavits | No | Each spouse must give the other one |
| Filing financial affidavits with the court | Yes | Both spouses file Form 12.902(k) |
| Child Support Guidelines Worksheet | No | Must be filed at or before the child support hearing |
What does the answer depend on?
The answer depends mostly on the type of divorce you file and whether children are involved. Here is what changes the result.
- Simplified dissolution: Rule 12.285 does not apply to a simplified dissolution of marriage under Rule 12.105. That is a short process for spouses with no minor or dependent children who agree on how to split property and debts. Ask your clerk which financial forms your county requires.
- Regular divorce, uncontested or contested: Mandatory disclosure applies. You can waive the supporting documents by agreement, but you must still swap sworn affidavits.
- Children and child support: You cannot waive the Child Support Guidelines Worksheet. If you waive filing your affidavits and ask for child support, you also file an Affidavit of Income for Child Support, Form 12.902(l).
- Other cases left out of the rule: Rule 12.285 also does not apply to adoption, enforcement, contempt and protective injunction cases. It also skips uncontested divorces where the respondent was served by publication and never answered.
Warning: If you file Form 12.902(k), keep copies of the affidavits you exchanged. The form says that job "rests solely with the parties," and you may need them later to change support or fix a dispute.
The waiver is not permanent. Either spouse can take it back at any time. It also covers only the current filing, not future cases.
If your spouse is hiding money, or you have a business, pension or large debts, think twice before waiving documents. A family law attorney can tell you what to ask for. You can compare options in our divorce and separation guides.
Frequently asked questions
Can I get an uncontested divorce in Florida if I have children?
Yes. You cannot use a simplified dissolution if you have minor or dependent children together, but you can file a regular uncontested divorce. You and your spouse sign a marital settlement agreement and a parenting plan. You must exchange financial affidavits and file a Child Support Guidelines Worksheet, which cannot be waived.
What is an uncontested divorce?
An uncontested divorce is one where both spouses agree on every issue. That includes property, debts, alimony and, if you have children, custody and support. Because nothing is left to fight over, the judge usually reviews your agreement and signs the final judgment at a short hearing. It is often faster and cheaper than a contested case.
How is an uncontested divorce different from a contested divorce?
The difference is agreement. In an uncontested divorce, spouses settle everything themselves. In a contested divorce, they disagree on at least one issue, so the case may need discovery, mediation and a trial. Contested cases usually take longer and cost more. Mandatory financial disclosure under Rule 12.285 applies to both regular types.
Can an uncontested divorce become contested?
Yes. If either spouse changes their mind about any term before the judge signs the final judgment, the case becomes contested. This often happens when disclosure reveals assets or debts one spouse did not know about. The case then moves to mediation or court hearings to resolve the disagreement.
What is a Simplified Dissolution of Marriage?
A Simplified Dissolution of Marriage is a short Florida divorce process under Rule 12.105. Both spouses must agree, have no minor or dependent children together, the wife must not be pregnant, and they must have divided their property and debts. Rule 12.285's mandatory disclosure does not apply to it.
Sources
- Rule 12.285. Mandatory Disclosure, Florida Family Law Rules of Procedure, FloridaRules.net
- Rule 12.105. Simplified Dissolution Procedure, Florida Family Law Rules of Procedure, FloridaRules.net
- In re: Amendments to Florida Supreme Court Approved Family Law Forms 12.902(k) and 12.902(l), No. SC2023-1388 (Oct. 26, 2023), Supreme Court of Florida (via FindLaw)
- Financial Affidavits in Dissolution of Marriage Actions: Are They Really Mandatory?, The Florida Bar Journal