Why Is A Domestic Relations Financial Affidavit DRFA Needed in a Georgia Divorce?

Preparing for any legal dispute can be overwhelming, stressful, and time-consuming. Regarding divorce cases, the process can be even more difficult due to the added emotional strains and tedious amounts of paperwork often involved. If you’re preparing to file for divorce, you may feel confused as you’re compelled to complete forms you’ve never heard of before, such as DRFAs.

With simple explanations and step-by-step instructions, most documents become much easier to grasp. By the end of this article from Gwinnett County divorce attorney Sharon Jackson, you will understand the basics of a DRFA, its purpose in a George divorce case, and how to fill one out.

What is a DRFA?

A DRFA is a Domestic Relations Financial Affidavit. It is required in many states, including Georgia, for divorce and family law cases. The purpose of a DRFA is to provide a comprehensive overview of a person’s economic situation. This is so that the attorneys and/or the court can get a clear picture of each party’s financial circumstances, which can be used to make informed decisions and influence the case outcome. Below are some of the categories that are typically included in DRFAs.

Income.
This includes salary, bonuses, overtime, commissions, deferred compensation, and any sources of supplemental or additional income. It includes both W2 and 1099 income.

• Expenses.
  This includes housing, utilities, groceries, transportation, and medical expenses.
• Assets.
  This includes bank accounts, retirement accounts, investments, real estate and other personal or real property.
• Debts.
  This includes credit card debt, mortgages, outstanding personal loans, and student loans.

Certain items like vehicles or timeshares, can be both an asset and a debt.

Both parties in a Georgia divorce case must fill out a DRFA, a sworn statement that must be completed accurately and honestly with the signature verified in the presence of a notary. Overall, DRFAs are important legal documents in divorce and family law cases that can impact a person’s life for years.

Why Are DRFAs Required in a Georgia Divorce?

In Georgia divorce cases, DRFAs must be filled out by both spouses and are critical for the court to understand the landscape of the case and make informed decisions. Without an accurate representation of each party’s financial situation, reaching settlements that reflect a fair and reasonable division of assets becomes much more difficult.

For instance, because spouses who earn more are typically required to provide more child support, a spouse who does not report a full income summary may not pay their share. Information provided in a DRFA can help to determine legal outcomes related to the following categories:

• Alimony.
  One party may be required to give this financial support to their spouse following the divorce. The DRFA helps the judge determine if spousal support should be ordered. The judge uses the DRFA of both parties to determine if one party needs the financial spousal support and if the other party can afford to pay it.
• Child support.
  This typically includes children’s basic needs, such as food, clothing, housing, and medical expenses. However, sometimes child support can also cover education, tutoring, private school, day care, transportation, and extracurricular activities costs.
• Division of marital assets.
  This includes everything the couple acquired (together or separately) during the marriage, such as houses and other properties, bank accounts and retirement accounts, vehicles, furniture and other personal property, investments, and business assets. It may also include assets that are solely titled in one party’s name that were acquired before the marriage it the asset increased in value during the marriage.
• Legal expenses.
  This includes any court or lawyer’s fees incurred during a divorce case.

If your case goes to trial, a significant portion of the trial is spent reviewing the financial information you provided on the DRFA. It is critical to your case to have accurate numbers and to testify truthfully about your expenses and all income sources.

How to Complete a Domestic Relations Financial Affidavit

Completing a DRFA is not difficult or complex difficult and complex, and is one of the most stressful parts of the divorce., It may make you feel similar to how you feel when you are completing a tax return.

but it’s Because it has so much impact on your divorce case, it is important to devote time to ensure your information is as thorough and accurate as possible. To file a DRFA in your Georgia divorce case, follow the below steps.

1. Obtain a copy of the DRFA form.
2. The form may be available online, through your attorney, or from the court where your case is being heard. If you have a lawyer, she will want you to use the DRFA form that she provides. Attorney Sharon Jackson is an experienced family lawyer so she uses a form that she has revised and customized over many years.
3. Gather financial documents.
   You must provide detailed information regarding your income, expenses, assets, and debts, and the records must be accurate. Gather relevant documents such as pay stubs, tax returns, bank statements, credit card statements, mortgage statements, and other financial documentation.
4. Fill out the form.
   The DRFA will require you to fill out basic information such as your name, address, contact details, information about your children, date of marriage, and date of separation. The following sections ask for all the details regarding your income, expenses, assets, and debts. 
5. Sign the form.
   Once you’ve filled out the DRFA and attached the necessary documents, you must sign and date the form. This must be done in the presence of a notary public or other authorized official, who will also add his or her signature to the bottom of the DRFA.
6. Give your spouse a copy.
   Finally, you must provide the opposing party with a copy of your DRFA. This can be done through your respective attorneys.

How to Revise Your DRFA

Circumstances surrounding finances can change, meaning revisions may need to be made to your DRFA. If at any point you want to revise the information in your form, you may request a new form to update any details that may have changed or contained errors. However, it’s important to avoid overusing this privilege. Making too many revisions to your DRFA may signal to the court that your financial disclosures are unreliable.

Attorney at Law Sharon Jackson Can Guide You Through The Process

If you have further questions about divorce settlements or DRFAs, contact your Gwinnett County legitimation attorney, Sharon Jackson. We understand the stresses of filing for divorce and can make your process as smooth as possible. Call our office at (678) 436-3636 to set up your free case evaluation today.