By Robin Roshkind, Esquire, West Palm Beach, Florida
Divorce is about dividing the marital assets and debts and providing for the children, if any. In doing the asset and debt division, the parties must file a sworn financial affidavit. What happens if you fail to disclose something on your financial affidavit?
It depends on how material the item not disclosed may be and whether or not it was an honest mistake. For example, if you have five different bank accounts, one having only $300 in it, and you forget to list this one, this is not a MATERIAL failure to disclose. That means it will have little impact on the settlement arrangement. However, if by failing to disclose it, and if opposing counsel catches it, the question becomes, why did you fail to disclose…was it an honest mistake or were you hiding this account for some other reason.
Also, if you discover you forgot to disclose, you can always correct your omission by including it later. The fact is, what was your intent on the omission?
For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.