Florida Mandatory Disclosure in Divorce Cases: What You Need to Know

 What Is Mandatory Disclosure?
Mandatory disclosure refers to the legal obligation for both parties in a divorce to provide detailed financial documentation to each other. 

Why Is Mandatory Disclosure Required?
Florida courts require mandatory disclosure to ensure fairness and honesty in divorce proceedings. Without access to accurate financial information, it would be nearly impossible for the court to determine:

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 What Documents Are Included in Mandatory Disclosure?

The list of documents required for mandatory disclosure includes:

1. Financial Affidavit: A financial affidavit in substantial conformity with Family Law Form 12.901(d) must be provided.
2. Tax Returns: All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by you or on your behalf for the past three years.
3. IRS Forms W-2, 1099, and K-1: These forms must be provided for the past year if the income tax return for that year has not been prepared.
4. Pay Stubs or Other Evidence of Earned Income: Documentation for the six months prior to delivery of the financial affidavit.
5. Statement of All Income Sources: A statement identifying the amount and source of all income received from any source during the six months preceding the delivery of the financial affidavit if not reflected on the pay stubs produced.
6. Loan Applications and Financial Statements: All loan applications and financial statements prepared or used within the three years preceding delivery of the financial affidavit, whether for obtaining credit or other purposes.
7. Deeds and Titles: All deeds to real estate owned within the past three years and all promissory notes owned within the last two years. Lease agreements for the last three years must also be disclosed.
8. Bank Statements: All periodic statements for the last 12 months for checking accounts and for the last year for savings accounts, money market funds, certificates of deposit, etc.
9. Brokerage Account Statements: Statements for the last 12 months.
10. Retirement Plans: The statements for any pension, profit-sharing, deferred compensation, or retirement plan (IRA, 401(k), etc.) and summary plan descriptions for any such plans for the last 12 months. 
11. Virtual currency: Virtual currency transaction statements for the last 12 months.
12. Insurance Policies: The declarations page, last periodic statement, and certificates for any group insurance for all life insurance policies insuring your life or your spouse’s life. ​Copies of all cards covering either spouse or dependent children.
13. Corporate, Partnership, and Trust Tax Returns: Tax returns for the last three years for any entity where ownership is 30% or greater.
14. Credit Card and Debt Statements: All credit card and charge account statements and other records showing indebtedness for the prior 24 months. This includes promissory notes and lease agreements owed within the past year.
15. Premarital and Post-Marital Agreements: Copies of all such agreements between the parties.
16. Non-Marital Claims: Documents and tangible evidence relating to claims for special equity or non-marital status of an asset or debt.
17. Court Orders: Copies of any court order directing payment or receipt of spousal support (alimony) or child support.

When Must Mandatory Disclosure Be Completed?
​Under Florida Family Law Rules of Procedure, the mandatory disclosure process must be completed within 45 days of serving the divorce petition or being served with one. However, parties can agree to extend this deadline if needed.
Are There Any Exceptions?
While mandatory disclosure is required in most cases, there are a few exceptions:

• Simplified Dissolution of Marriage: If you and your spouse agree to use this streamlined process, you may waive the mandatory disclosure requirement.
• Mutual Waiver: In certain cases, both parties may agree in writing to waive some or all disclosure requirements.

What Happens If You Fail to Comply?
Failure to comply with mandatory disclosure requirements can have serious consequences, including:

• Court Sanctions: The court may impose penalties, such as fines or an order to pay the other party’s legal fees.
• Adverse Inferences: The court may assume that undisclosed assets exist or draw conclusions that are unfavorable to the non-complying party.
• Delays in the Case: Non-compliance can stall the divorce process, prolonging emotional and financial stress for both parties.

Tips for Navigating Mandatory Disclosure

1. Start Early: Gather your financial documents as soon as possible to avoid delays.
2. Be Honest and Accurate: Misrepresenting or omitting information can lead to legal consequences.
3. Stay Organized: Keep copies of all submitted documents for your records.

Mandatory disclosure is an essential part of divorce proceedings in Florida. By understanding your obligations and preparing early, you can help ensure a smoother process and work toward a fair resolution.

You can download a mandatory disclosure checklist below. 

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