Don’t Get Lost in the Paperwork
At the outset of any divorce or child support action, you will face the daunting task of providing your lawyer with a pile of paperwork to meet the requirement of Mandatory Disclosure. Getting all of the necessary documents together may feel like an onerous punishment, but it is a vital step in getting your case complete and getting you the relief you require.
Mandatory Disclosure is a requirement placed upon both parties to a family law action by the Florida Family Law Rules of Court. Mandatory Disclosure rules apply in any family law case that includes a financial claim, i.e. equitable distribution, support, or attorney’s fees. Each party to such an action must obtain specific records, which include tax returns, bank statements, credit card statements, and pay-stubs, to name just a few; and provide copies of those documents to the other party.
While the Mandatory Disclosure list may seem like unnecessary busy work, these documents are vital for your attorney to assess your case and help you get the relief to which you are entitled. This is especially true for a spouse who is not completely informed of their family’s financial circumstances. In order for your attorney to give you complete legal advice on your case, that attorney needs to know the financial circumstances of your family. Mandatory Disclosure may not give your attorney everything he or she needs to answer your questions, but it will be a great start and should help your attorney identify what other information is necessary.
If one party is late or refuses to cooperate with discovery, whether Mandatory Disclosure or otherwise, then motions can be filed with the court seeking a judge’s assistance in getting compliance. Getting the court involved takes time. For example, a motion has to be filed, then a hearing has to be scheduled, and it can take as much as four to six weeks to get in court. Getting the court involved can be costly. Your attorney has to be prepared to attend court on your behalf. Further, if you are the party not complying with the discovery rules, you may be ordered to pay sanctions, such as paying the other side’s attorney fees incurred on the motion.
For these reasons, it is vital that you pay careful attention to the Mandatory Disclosure requirements. It is vital that you get all of the required documents to your lawyer and that you do so in a timely manner. Complete and timely production of documents will assist your lawyer in effectively and efficiently getting you through your action and it will help your lawyer get you the result you deserve.