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Wills & Probate

What is “mandatory disclosure” in a dissolution of marriage case?

In order to assure that the parties and the court are fully informed on all issues regarding assets, liabilities and income, the Florida Family Law Rules of Procedure set forth requirements for mandatory disclosure. The parties are each required to complete a family law financial affidavit which sets forth income, expenses, assets and liabilities. This document often plays a major role in the dissolution proceeding and each party should prepare it under the careful advice and counsel of an experienced divorce attorney. The parties are also required to exchange other financial information including past tax returns, pay-stubs, deeds, loan applications, financial account statements, insurance certificates and documents concerning any claim that property is nonmarital. The mandatory disclosure must be served early in the case: within 45 days from the date of service of the initial court document seeking family court relief (which is usually in the form of a “petition” seeking court action).