Information on what "mandatory disclosure" means in a Florida divorce case.
What does "Mandatory Disclosure" mean?
If you are going through a divorce in Florida you are required to submit certain financial records to your spouse. These documents are known as "mandatory disclosure." Essentially, these are the minimum financial records the Court will require you to submit before proceeding with your case.
How long do I have to submit these documents?
These records are required to be submitted within 45 days of service of the initial pleading pursuant to Florida Rule of Family Law Procedure 12.285. If you fail to submit these documents on time, the other party (or his/her attorney) can request that the Court compel you to turn the documents over.
What documents are required under the rule?
For an initial proceeding, the documents that are required pursuant to Rule 12.285 are:- A completed Family Law Financial Affidavit (Note: there are two different Financial Affidavit forms available online; one for parties earning over $50k per year and one for parties earning less than $50k per year.)- All State/Federal tax returns for the past three (3) years.- IRS forms W2/1099/K1 if the income tax return for the current year is not complete.- Three months of current paystubs.- A statement reflecting source of income listed on the financial affidavit for the past three months if not reflected on the paystubs.- Loan applications/Financial Statements completed within the past year.- Deeds within the past three years/promissory notes within the last year/all present leases.- Three months of statements from checking accounts/12 months of statements for other accounts (savings accounts, for example.)- Brokerage accounts for the last 12 months.- Most recent statement for any profit sharing or retirement accounts (401k, for example.)- The last statement for any life insurance policies.- Corporate/Trust/Partnership tax returns for the last three tax years if you have an ownership interest greater than 30%.- All written premarital agreements.- All documents supporting a claim of special equity/non-marital status of an asset.- Any court orders directing you to pay spousal support/child support.
Do I have to submit all of these documents?
Often times these documents go beyond the scope of what is needed in a certain case. You may be abe to agree with your spouse/his or her attorney that it is ok to waive all/some portions of mandatory disclosure. Our firm recommends doing this in writing to avoid confusion later.
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