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What Is Mandatory Disclosure?

July 6, 2017 by  
Filed under Uncategorized

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Mandatory disclosure is a Florida family law term referring to the production of a financial affidavit and  financial documents required pursuant to Florida Family Law Rule 12.285 .  The rule applies to most initial and supplemental family law actions like divorce, paternity, and modification actions.  Mandatory disclosure is not required in adoption actions, simplified dissolution cases, contempt cases, domestic violence cases, and cases where a divorce is by publication.  The parties or court may modify these requirements, except a financial affidavit must always be filed in cases as to which the rule applies, and a child support worksheet must always be filed in cases involving children and child support.

A party must gather and provide to the other party each of the types of documents required by the mandatory disclosure rule and provide a certificate of compliance with mandatory disclosure. Required documents include things like pay stubs, tax returns, deeds, bank statements, account statements, and promissory notes.  In an initial or supplemental proceeding the rule requires that mandatory disclosure be completed within 45 days of service of the initial pleading unless there is an objection to the disclosure, agreement or motion for extension of time to do so.

The requirements of mandatory disclosure vary where temporary financial relief is being sought within 45 days of the filing of a petition.

The parties have a duty to update their financial affidavit and documents  whenever there is a material change in their financial circumstances.

If you have questions about your family case or the requirements of mandatory disclosure contact us and we can schedule a consult to help you.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.