Divorces can be very rough, and with Florida’s Mandatory (Financial) Disclosure rule, it can become even harder when there are things that parties are not interested in disclosing.

In this blog post, we will briefly cover how important the disclosure of financial records is in a divorce. It is vital that you provide the required financial documents when working with your divorce attorney throughout the proceedings. In order to provide you with the best advice, your divorce attorney must know everything about your marriage. This includes your finances, both separate from and together with your spouse. Of course you’ll also discuss other reasons (likely more obvious disclosures) the divorce may be taking place, and all issues that need to be addressed. The financial disclosure allows your attorney to review and analyze documents that provide more insight and gives your attorney a better understanding of your entire divorce case.

When Mandatory Disclosure is Not Needed?

In some cases, Mandatory Disclosure is not needed during a divorce. This is only applicable when the case is not being litigated in court and both parties are in agreement with the divorce (considered an Uncontested Divorce). However, even though the financial disclosures can be waived or otherwise not required, both parties must still fill out and file a Financial Affidavit that discloses detailed financial information. Under no circumstances can the Financial Affidavits be waived for a divorce proceeding, even when both parties are on board with filing for a divorce.

Florida Family Law Rules of Procedure

Mandatory Disclosure is found under the Florida Family Law Rules of Procedure. This Rule lists sixteen types of financial documents that must be provided and exchanged by both parties.
These include:

· Bank account statements
· Tax returns
· Pay stubs
· Pension plan statement
· Assets
· Debts

And the list continues. When a person first files a divorce case, he or she has have 45 days to provide the other party with the required financial information. The other party must also provide the required financial information within a specified time period. Parties can ask for an extension if needed. In most cases, if the person has a legitimate reason for the delay, an extension will be granted by the court.

The Reasoning Behind Mandatory Disclosure

Aside from helping your lawyer to better handle your case, providing the financial disclosure documents can lower the expense that is often associated with litigation. It also gives the court sufficient information to make a better informed financial decision for both parties. Though Mandatory Disclosure can seem rather invasive and gathering the documents may take some time, it is really in the best interest of both parties going through a divorce.

Wendy Norman works as a Divorce Attorney in Jacksonville, FL and welcomes comments or questions from readers. Please Contact Us online to setup an initial consultation or call 904.306.9926.

Within the state of Florida, there is a term called Equitable Distribution that is used in divorce proceedings. In short, Equitable Distribution means that possessions/assets and debts which came about during the marriage are divided as equally as possible between the parties getting a divorce. This can make it easier in one sense for a divorce; however, there are also problems that can arise.

In most cases, those who are going through a divorce are going to work with their lawyers in order to determine who gets what (distribution of assets and debts). In cases in which both parties want the same asset/assets or don’t want certain debt, it can come down to the judge making the decision as to who gets what.

Proven Adultery Can Impact Equitable Distribution

With this being said, many people wonder if infidelity can affect the equitable distribution of the marital assets and debts. Florida is considered a “no fault” divorce state. This means that people can get a divorce without proving why a divorce is needed or whose fault it is. In most cases, the person who wants the divorce simply states that the marriage is ‘irretrievably broken” and the divorce proceedings can continue. With this in place, and the equitable distribution rule, most parties believe that the marital assets and debts will be equally divided, no matter what. However, that is not always the case.

When one spouse does commit adultery, and it can be proven, it can affect the equitable distribution. When the adulterer in the relationship is using his or her money in order to buy their new boyfriend or girlfriend gifts, go on trips and the like, then this can be taken into consideration when dividing the assets and debts.

In some cases, if the financial actions of the cheating spouse affect the wife or husband, or children involved, then the court can give the adulterer less property and other assets, or make him or her responsible for more debt. The idea is that the adulterer has misused what should be marital funds and he or she should not be treated the same in the equitable distribution of the assets and debts because of his or her actions.

Alimony and Equitable Distribution

In addition, this type of situation can also affect whether one party receives alimony from the other or not even though Florida is a no-fault state. In most divorces, the equitable distribution goes through without a hitch, but it is important to note that in cases where adultery has affected the marital finances, it can become an issue during the divorce proceedings.

For those who are thinking about divorce and are concerned with Equitable Distribution, please contact us. Here at Norman Law, we are here for you and want to help you in any way we can with your divorce!

It is that time of year again, back to school. For many parents who share the custody of their child, this can be a time of turmoil. The goal for the new school year for both parents should be to minimize the changes that the child may have now that summer vacation is over. And to keep both parents happy, all custody arrangements should be something that you can both stick to and follow. In the end, it is all about the child or children, and both parents should do whatever they can to make the school year a happy one.

For those parents getting ready for the new school year, here are 4 tips to help manage the time-sharing more easily:

1. Be consistent
This means that you should still follow the regular schedule, with the child spending nights with each parent. If you have a schedule from last school year that worked, then use it again. If not, then stick to the time-sharing schedule the two of you agreed upon in your parenting plan.

2. Communicate with one another
In many situations, parents do not communicate with each other as much as they should. Remember, you are both parents of your child and you are going to have to communicate with each other in order to ensure that the needs of your child are met. With the advancement of technology, you don’t really have to talk, you can email or even text message one another. These can be great ways to let the other parent know that you are picking the child up from their after school program, you are running late, or the like.

3. Open a line of communication with the teacher
Unfortunately, depending on the time-sharing schedule, many times one parent is left out when it comes to what is going on in the classroom on a day-to-day basis. That is why it is important for both parents to be involved and communicate with the teacher. This also means ensuring that the school has both parents’ contact information and that information being sent from the school is going to both parents.

4. Keep track of the money spent for school expenses (clothes, school supplies, lunch money, etc.)
Money can be a huge issue when time-sharing is involved, as the child is going to need money for school on a regular basis in most cases. This is another reason why it is so important for parents to talk to each other, and keep each other informed about these expenses and keep track of who is buying what for the child.

As an experienced divorce attorney in Jacksonville, Florida, Wendy Norman can help parents to figure out what the best method is for children when involved in a time-sharing situation. Whether this means going to court to set a schedule or simply sitting down with one or the other parent, the responsibilities associated with raising a child can be handled.