What Is Mandatory Disclosure?
In Florida, part of the Discovery process includes Mandatory Disclosure, which is a rule requiring the parties to exchange particular documents so that each spouse will be fully informed about the financial circumstances of the other spouse. Mandatory Disclosure applies in any proceeding for permanent financial relief, including any request for child support; alimony, equitable distribution of assets or debts, or attorney’s fees, suit money, or costs. Therefore, your bank account statements, retirement account statements, mortgages, and all other financial documents are most likely relevant to your divorce.
I know gathering these documents can be a hassle, and the project can certainly seem daunting. It is something you’ll have to set your mind to doing, however.
The Mandatory Disclosure Rule specifically lists the documents to be provided and when they must be provided. This can be found in Florida Family Court Rules of Procedure 12.285. The Mandatory Disclosure requirements state that you are to provide these documents at the beginning of the case. As a general understanding, the documents must be exchanged within 45 days after the Petition is served on the Respondent.
You are also required to update Mandatory Disclosure whenever there is a material change in your financial circumstances.
You may object to providing a document as part of Mandatory Disclosure up to 5 days before disclosure is due. You may also request an extension of time to comply up to 5 days before disclosure is due.
Your attorney is responsible for making sure you comply with the requirements by the deadlines, and as thoroughly and accurately as possible. If you are representing yourself, you have that same requirement.
The easiest way to organize the Mandatory Disclosure for your attorney is to group each individual account’s documents together. Include complete copies of the documents, not just some of the pages. You should also arrange them neatly and in chronological order. This certainly helps you avoid unnecessary expenses for having your attorney’s office sort out and identify the documents in order to prepare your Mandatory Disclosure response.
I know gathering these documents can be a hassle, and the project can certainly seem daunting. It is something you’ll have to set your mind to doing, however.
The Mandatory Disclosure Rule specifically lists the documents to be provided and when they must be provided. This can be found in Florida Family Court Rules of Procedure 12.285. The Mandatory Disclosure requirements state that you are to provide these documents at the beginning of the case. As a general understanding, the documents must be exchanged within 45 days after the Petition is served on the Respondent.
You are also required to update Mandatory Disclosure whenever there is a material change in your financial circumstances.
You may object to providing a document as part of Mandatory Disclosure up to 5 days before disclosure is due. You may also request an extension of time to comply up to 5 days before disclosure is due.
Your attorney is responsible for making sure you comply with the requirements by the deadlines, and as thoroughly and accurately as possible. If you are representing yourself, you have that same requirement.
The easiest way to organize the Mandatory Disclosure for your attorney is to group each individual account’s documents together. Include complete copies of the documents, not just some of the pages. You should also arrange them neatly and in chronological order. This certainly helps you avoid unnecessary expenses for having your attorney’s office sort out and identify the documents in order to prepare your Mandatory Disclosure response.