Mandatory disclosures in Florida

Family cases tend to be complicated as a lot of issues have to be settled, including financial ones. Things like alimony, child support, asset division, and property have to be taken into consideration when contemplating a dissolution of a marriage. What makes it hard to settle such issues is that both parties will logically try to protect their finances, but nevertheless, transparency is key in these kinds of cases, and it’s there where mandatory disclosures come in.

What are mandatory disclosures in Florida

Mandatory disclosure is the process in which financial information is disclosed within both parties in a family law case. This procedure is established by the Florida Family Law Rule of Procedure 12.285, and the purpose of such rule is to ensure that each party will be fully informed about the financial circumstances of the other party, before any possible settlement of the case through mediation, negotiation, or trial.

Mandatory disclosure must be exchanged by the parties within 45 days after the initial case is served on the respondent. If there’s a material change in a party’s financial circumstances, it must be updated as there is a continuing duty to do so. If a party does not comply with Mandatory Disclosures, the opposing side can file a Motion to Compel the Disclosure or a Motion for Contempt for failure to disclose the required information. The party who fails to comply with the disclosure when it is within their power and control to do so can be held liable by the court for the other party’s flat fee divorce attorney fees incurred to bring these motions. The court even has the authority to orders actions against the party in non-compliance.

Why are mandatory disclosures important?

Mandatory disclosures help keep the finances of both parties transparent to come toa just ruling over the distribution of liabilities and/or assets during a divorce or other family law case. They also help in the arrangement of Orlando alimony attorney or a spouse’s court-ordered maintenance for child support or even spousal support. Conclusively, The Mandatory Disclosure Rule helps to determine the financial situation no both spouses of the relationship and helps avoid the employment of deceptive tactics in the process.


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