Mandatory Disclosure is a proceeding in family law cases in which both parties have to exchange financial information with each other. This proceeding is established by the Florida Family Law Rule of Procedure 12.285, and the purpose of it is to ensure that both parties keep the necessary transparency required in these kinds of cases.

Mandatory disclosure is one of the most important steps in a divorce since a lot of financial assets are involved. In Florida, a list of sixteen financial items should be disclosed by both parties, and these documents include (although are not limited to)bank account statements, tax returns, pay stubs, pension plan statements, debts, and other official documents.

What documents are required in Mandatory Disclosures?
It’s important to know that there are different requirements of mandatory disclosure that depend on whether or not the parties are seeking temporary financial relief or if they wish for initial, supplemental, and permanent financial relief.

There are three kinds of forms required in all provisions of mandatory disclosures.The first is a financial affidavit, which is a statement showing a person’s income, expenses, debts, and assets. The second is the IRS W-2 forms or tax return transcripts. The third form of documentation that may be required is some type of evidence of earned income from the three months before the financial affidavit.

Differences in provisions may determine the required documents

In addition to the forms described above, other types of documentation that could be required range from information about loans, deeds, retirement plans, insurance material, credit card, and checking account statements, to any and/or all written agreements between the parties for modification, claims of unequal distribution, and any court order involving a spouse paying or receiving any kind of child support
or spousal support. These are only some of the documents and information that may be required.
In the Waiver of Mandatory Disclosure, there can be up to seventeen additional document sex changed between both parties. Once these documents are provided to the involved parties, a certificate of compliance, which is a signed pleading that proves the mandatory elements were provided to the opposing party, is filed with the court.

Involvement of the Judge in Mandatory Disclosures

Not all forms listed in the Waiver of Mandatory Disclosure are required to be provided. Depending on what information is disclosed between the parties, the judge may or may not order the sharing of more documents. If the information provided is satisfactory and sufficient for the case in question, the court may judge it enough to decide and may order that no further documents need to be disclosed.

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