By Robin Roshkind, Esquire, West Palm Beach
When anyone files for divorce in the state of Florida procedurally,, one must follow the rules of mandatory disclosure. This rule is 12.285 in the Florida Rules of Court.
What is says is if any party is seeking financial relief, or if child support is involved in the case, one must disclose all his/her financial information. This includes filing a sworn financial affidavit, accompanied by supporting documents. A financial affidavit includes one’s income, assets, debts, deductions, financial obligations to a prior family, and the like. Documents required to be produced to the other party include pay stubs, tax returns, bonuses, deeds, mortgages, car payments, health insurance costs, child support paid to another family, if any, loan documents title documents, credit card statements, bank statements, stock account or other financial instruments. In other words, all documentation that is evidence of one’s financial resources and obligation must be provided.
Once both sides exchange these items, then in Palm Beach County divorce court, all parties and their counsel must attend mediation prior to going to court. This is a court mandate, becu\ause most cases settle without a judge. Mediation is where the parties andtheir attorneys can try to come up with a marital settlement agreement. If that should fail, then a temporary relief hearing, a mini trial, is set before the judge. The case at this point then turns from settlement to litigation, which is very costly.
For more information about financial discovery in divorce cases, please click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling 561-835-9091.