Mandatory Disclosure in Florida Divorce

When a Florida couple files for divorce, they must engage in what is known as mandatory disclosure, where both must provide the other with important financial documentation. It is only after reviewing these records that couples can come up with a fair settlement agreement, wherein they divide their assets in an equitable fashion. Neither party is permitted to withhold information or try to hide records of assets during this time. Unfortunately, despite this prohibition, many unscrupulous spouses try to keep property hidden in an effort to avoid a fair division. Having an attorney on your side is one of the best ways to avoid this.

What Do I Need to Disclose to My Spouse? 

Florida law specifically outlines which financial records a couple must disclose once they file for divorce, including:

• A completed Financial Affidavit;
• Federal and state income tax returns from the last three years;
• Pay stubs from the prior six months;
• Real estate deeds from the last three years;
• Statements from checking and savings account from the prior 12 months;
• Statements from any pension or retirement plans;
• The records of any virtual currency transaction from the last year; and
• Credit and charge account statements from the last two years.

Under Florida’s mandatory disclosure rules, both parties to a divorce must provide copies of these requested records within 45 days of the divorce filing. Gathering all of this documentation can, however, be difficult, which is why the court allows the parties to request extensions in certain cases. Finally, couples can agree to waive the mandatory disclosure, but will still be required to submit a complete financial affidavit.

What are Interrogatories?

 As a part of the mandatory financial disclosure process, divorcing couples are permitted to ask their spouses specific finance-related questions, known as interrogatories. Unlike depositions, which involve giving oral testimony, interrogatories require a written answer within 30 days of receipt. They are still, however, considered to be official court documents, so those who fail to answer honestly could face contempt charges. In most cases, interrogatories are only necessary when there is a dispute about something in the financial records. Alternatively, one party can also ask the other to admit or deny specific facts in writing in a Request of Admission. Again, both parties must answer these questions honestly or risk sanctions from the court.

What is Included in the Financial Affidavit? 

Mandatory disclosure after filing for divorce also requires that a couple complete an official Financial Affidavit. This document involves a disclosure of the parties’ income, assets, expenses, and debts and is used to determine alimony and child support, which is why couples are not allowed to waive this requirement.

Our Legal Team Can Help with Mandatory Disclosure During Your Divorce 

Knowing what you need to disclose during the discovery process can be complicated. At Cairns Law, our experienced Clearwater divorce lawyers can help you navigate this process, so that it is as simple and stress-free for you as possible. Call us at 727-683-1472 or send us an online message to set up an initial case review.

Sources:

 flcourts.gov/content/download/685889/file_pdf/932%2010-21.pdf

fljud13.org/portals/0/forms/pdfs/family/13judcir-waiverofmandatorydisclosure.pdf