This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Of Cohabitation Without Child In Florida
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US-00003BG-I
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In a best-case scenario, a simplified divorce is granted in as little as three weeks by the court. That does not include the time necessary to prepare a divorce petition, which is a matter of filling out the petition along with financial affidavits.
This form may be used to obtain constructive service (also called service by publication) in a dissolution of marriage case that does not involve a minor child or financial support if you do not know where your spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service.
Obtaining Divorce Without Signature: If a spouse doesn't sign the papers, the filing party can still proceed with the divorce by filing the petition in court and serving papers on the other spouse. A default judgment may be granted if the non-filing spouse doesn't respond, leading to an essentially uncontested divorce.
Financial Affidavits: Each spouse must complete a financial affidavit, which provides a detailed account of your financial situation, including income, expenses, assets, and debts. Petition for Simplified Dissolution of Marriage: Both parties must complete and sign this form, which is then filed with the court.
No Court Appearance: In Florida, it is possible to finalize an uncontested divorce without needing a court appearance if all issues have been resolved and both parties have signed the necessary paperwork.
The purpose of the financial affidavit is to determine the income, assets, liabilities, and expenses of each party, including any expenses for minor children the parties have in common or minor children from prior relationships.
Photographs, receipts, rental agreements, communication logs, and witnesses can be used as evidence to support your cohabitation case in court. However, to ensure they can be acceptable in a court proceeding, you should consider hiring professional services to look for these pieces of evidence.
A proof of cohabitation is any document that proves that the primary place of residence is the same for all of the individuals included in your claim. This can be bills, bank or credit card statements, identification documents, rental agreements, or other official documents including the name and home address.
Under Florida law, cohabitation refers to a supportive relationship between two parties. Merely living together, however, isn't enough to say two people are cohabiting. Likewise, it's not requires for two people to live together 100% of the time to say they are cohabiting.