Most people think of proceeding with a divorce in Florida as a process involving the completion of a lot of paperwork. While true, a Florida dissolution of marriage requires more than just the completion of paperwork. The process involves the production of documents as well. In other words, there are certain documents each party is entitled to, and which must be delivered within a specific timeframe. This article will provide some general information concerning the manner in which Florida handles the production of documents. For specific information regarding your case, and for questions concerning what options are available concerning the production of documents, contact our office for a free consultation. You can do so through visiting our website www.bettercallbrendan.com or calling 727-312-3748. We’re conveniently located on Main Street in New Port Richey, on the corner of Main Street and River Road. Our address is Stewart & Riley, 5435 Main Street, New Port Richey, FL 34652. For anyone unfamiliar with the history of New Port Richey, Florida the Stewart & Riley building has remained standing and operating as a law firm and a law firm only, for over the past 40 years.
You may have been through a divorce before. Perhaps you know someone who has. As you’re probably aware, certain Florida dissolution of marriage proceedings are more difficult than others. Florida attorney Brendan Riley is aware of the stress and scope of emotions people experience when going through a divorce. Attorney Riley and his office at Stewart & Riley understand the numerous issues in need of being addressed in any Florida dissolution of marriage proceeding; both when minor children are involved and not.
In regard to the required production of documents, Florida implemented The Mandatory Disclosure Rule (Rule 12.285) of the Florida Family Court Rules of Procedure. Mandatory disclosure requires each party in a dissolution of marriage case to provide the other party with certain financial information and documents. These documents must be served on the other party within 45 days of service of the petition for dissolution of marriage or supplemental petition for modification on the respondent. Moreover, a form is required to show proof of your compliance with Mandatory Disclosure Rule. If represented by an attorney, you have secured the knowledge and resources necessary to make the divorce process as simple and efficient as possible. Moreover, if the circumstances leading up the point of your marriage being irretrievably broken were not amicable, your attorney can and will deal with your soon to be ex-spouse or their attorney; relieving you of contact and communication with someone likely to have become a significant negative source in your life.
When filing for initial, supplemental or permanent financial relief, the following is a list of documents that, without private counsel, you would need to both navigate through on your own, complete, complete service of process on the other party, and show proof of the date confirming service was made. Given the level of cooperation concerning your divorce proceeding, there are certain options whereby you can avoid producing the following documents. Such options are best discussed with your attorney along with the best means of working to implement them in your divorce. Most of our clients are surprised and happy to hear of the progress made with their ex-spouse. The simple involvement of a third party, such as your own attorney, can work towards reaching an amicable compromise. When your soon to be former spouse or their attorney speak with attorney Brendan Riley, your goals are made clear from the beginning. In addition, you can take comfort in knowing you have someone there for you throughout the entire process.
- ____ Financial Affidavit. Depending on the amount of your annual income, you are required to both complete and produce either Florida Family Law Rules of Procedure Form 12.902(b) (short form), Florida Family Law Rules of Procedure Form 12.932, the Certificate of Compliance with Mandatory Disclosure (09/12), or the Florida Family Law Rules of Procedure Form 12.902(c) (long form).
- ____ All personal (1040) federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years; ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared.
- ____ Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.
- ___ A statement identifying the source and amount of all income for the 3 months before the service of the financial affidavit, if not reflected on the pay stubs produced.
- ___ All loan applications and financial statements prepared for any purpose or used for any purpose within the 12 months preceding the service of the financial affidavit.
- ___ All deeds to real estate in which I presently own or owned an interest within the past 3 years. All promissory notes in which I presently own or owned an interest within the last 12 months. All present leases in which I own an interest.
- ___ All periodic statements for the last 3 months for all checking accounts and for the last year for all savings accounts, money market funds, certificates of deposit, etc.
- ___ All brokerage account statements for the last 12 months.
- ___ Most recent statement for any pension, profit sharing, deferred compensation, or retirement plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, etc.) and summary plan description for any such plan in which I am a participant or alternate payee.
- ___ The declaration page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring my life or the life of me or my spouse.
- ___ All health and dental insurance cards covering either me or my spouse and/or our dependent child(ren).
- ___ Corporate, partnership, and trust tax returns for the last 3 tax years, in which I have an ownership or interest greater than or equal to 30%.
- ___ All credit card and charge account statements and other records showing my (our) indebtedness as of the date of the filing of this action and for the prior 3 months. All promissory notes on which I presently owe or owned within the past year. All lease agreements I presently owe.
- ___ All premarital and marital agreements between the parties to this case.
- ___ If a modification proceeding, all written agreements entered into between the parties at any time since the order to be modified was entered.
- ___ All documents and tangible evidence relating to claims for an unequal distribution of marital property, enhancement or appreciation in nonmarital property, or nonmarital status of an asset or debt.
- ___ Any court order directing that I pay or receive spousal support (alimony) or child support
We’ve explained the difficulties and lack of expertise any normal member of society has when it comes to obtaining a divorce in Florida. Navigating through the process on your own presents numerous opportunities for mistakes. The process is far from being as simple as….say, for example, filing your income tax return. Yet, people often use the services of an accountant. Especially when they want to ensure they are paying no more than the Federal Tax they’re entitled to. A divorce is much more significant than your income tax return. Moreover, once an Order approving your dissolution of marriage is granted, amending any of the documents thereafter will consume time and cost money. Your Final Order of Dissolution of Marriage is not at all as simply a process as amending a tax return.
Consultations with our office are free. Please contact us though calling 727-312-3748 or visiting www.bettercallbrendan.com