WHAT IS MANDATORY DISCLOSURE IN FLORIDA FAMILY LAW CASES
Mandatory disclosure in a Florida divorce is the process by which you obtain and review financial documents and other evidence from the opposing party. In all Florida family law cases, the parties to an action can choose to participate in mandatory disclosure, which is often referred to as discovery. Rule 12.285 of the Florida Family Law Rules of Procedure governs discovery. All requested discovery must be provided within 45 days of the request.
TYPES OF DISCOVERY
The main types of discovery in a Florida family law case are interrogatories, request for production of documents, depositions, and Florida Financial Affidavits. I will briefly describe each type.
- Interrogatories. Interrogatories are a set of questions provided to the opposing party. The questions must be answered under oath. You can use the Standard Family Law Interrogatories form 12.930(b).
- Request for production of documents. You file this request to obtain financial information such as bank statements, credit card statements, tax returns, pay stubs, etc.
- Depositions. Depositions are another process to obtain information. The opposing party is sworn and your attorney then asks a series of questions. A record is made by a court reporter.
- Florida Financial Affidavits. There are 2 types of financial affidavits in Florida. Your annual income will determine which financial affidavit to use. One financial affidavit is for parties making less than $50,000 and one for parties making more than $50,000 per year. Each party must complete and file a financial affidavit.
MANDATORY DISCLOSURE
Discovery can be waived by the parties (with the exception of the required financial affidavit). If the parties choose to waive discovery, a waiver of mandatory disclosure must be filed with the court. If the parties choose to participate in discovery, they must file a Certificate Of Compliance With Mandatory Disclosure.
WHAT CAN I DO IF THE OTHER PARTY WILL NOT COMPLY WITH MANDATORY DISCLOSURE
If the opposing party will not comply with your requests for mandatory disclosure, you make the court aware of the situation by filing a Motion To Compel Discovery. The court will order the opposing party to comply.
If you have questions about mandatory disclosure in a Florida divorce, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A, Fuller will schedule a consultation to answer your questions.