Mandatory Disclosures: What are they and do I have to do them?

Well, the answer to the second part is in the title...they are "mandatory."  Mandatory disclosures are documents, mainly financial in nature, that must be disclosed to the opposing party in a family case.  The disclosure of these documents is required by the Florida Family Law Rules of Procedure.  It is an automatic disclosure, meaning the other party does not have to ask for you to disclose them.  

These documents include all sorts of financial statements that show assets and debts.  The purpose is to show the financial status of both parties. In a divorce, the purpose of the disclosure is so that the distribution of assets and debts, child support, and alimony can be calculated.  In a modification case, again, the purpose would be to see the financial status of the parties so an accurate accounting can be made for calculation of child support and/or alimony.  

By looking at these statements, an attorney can see if perhaps money is coming into or out of an account into another account that has not been disclosed.  Then we know if other accounts are in existence that the other party has not disclosed.  Also, if things just do not "look right," we know that too.  We can do further investigation with subpoenas to the institutions themselves or other types of discovery requests.  

Parties can waive mandatory disclosures.  If you and your opposing party both agree to waive the disclosures and have come to a settlement agreement, then the court allows the mandatory disclosures to be waived.  

If you have a family case and need help with your mandatory disclosures, give us a call. We are happy to help!