Financial Disclosure - Mandatory Disclosure

    Florida law requires each spouse to send a financial disclosure form to the other side.  This is also called Mandatory Disclosure.  In every divorce, all "cards" must be on the table.  This means each side must have a good picture of all the assets, liabilities, income, and expenses of both parties.

    The basic required form is a financial affidavit. The financial affidavit form lists all your assets, liabilities, income and expenses.  A judge can hold a party in contempt of court if this information is not submitted to the opposing party.  You will probably have to give the other side copies of tax returns, bank statements, statements of retirement accounts, and paycheck stubs.

    The financial disclosure must accompany the petition, answer, and any other action affecting alimony, property division, or child support.  A form is normally filed with financial disclosure, called the Certificate of Mandatory Disclosure.

Q: Can we both agree not to exchange financial information?   
A: The two of you can waive all financial disclosure with one exception - you both must file financial affidavits.

Q: My spouses financial affidavit contains lies or inaccurate numbers.  What now?   
A: You must attend a hearing after filing a "Motion to Compel" form.  Be prepared to tell the judge what the problem is and why you think the financial information is incorrect.

 


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