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The following Family Law Rule lists the documents that are required to be turned over to the
opposing party. Additional information may be requested by the opposing party as well. If you can
obtain actual statements for any documents listed in the rule, whether monthly, quarterly, or
annual, then you should obtain and provide these statements to your attorney. You will want to
begin collecting this information as soon as possible. In some cases, statements will have to be
ordered for bank accounts, credit cards, mortgages, pension plans, etc., and it may take
considerable time to obtain all of this documentation.
Family Law Rule 12.285
(a) Application.
(1) Scope. This rule shall apply to all proceedings within the scope of these rules except
proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for
domestic, repeat, dating, or sexual violence, and uncontested dissolutions when the respondent is
served by publication and does not file an answer. Additionally, no financial affidavit or other
documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or
costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor
statute. Except for the provisions as to financial affidavits and child support guidelines worksheets,
any portion of this rule may be modified by order of the court or agreement of the parties.
(2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court,
copies of documents required under this rule may be produced in lieu of originals. Originals, when
available, shall be produced for inspection upon request. Parties shall not be required to serve
duplicates of documents previously served.
(b) Time for Production of Documents.
(1) Temporary Financial Hearings. Any document required under this rule in any temporary
financial relief proceeding shall be served on the other party for inspection and copying as follows.
(A) The party seeking relief shall serve the required documents on the other party with the notice of
temporary financial hearing, unless the documents have been served under subdivision (b)(2) of
this rule.
(B) The responding party shall serve the required documents on the party seeking relief on or
before 5:00 p.m., 2 business days before the day of the temporary financial hearing if served by
delivery or 7 days before the day of the temporary financial hearing if served by mail, unless the
documents have been received previously by the party seeking relief under subdivision (b)(2) of
this rule. A responding party shall be given no less than 12 days to serve the documents required
under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of
documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12
days, the provisions of subdivision (b)(2) control.
(2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or
supplemental proceeding shall be served on the other party for inspection and copying within 45
days of service of the initial pleading on the respondent.
(c) Disclosure Requirements for Temporary Financial Relief. In any proceeding for temporary
financial relief heard within 45 days of the service of the initial pleading or within any extension of
the time for complying with mandatory disclosure granted by the court or agreed to by the parties,
the following documents shall be served on the other party:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form
12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of
Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000.
This requirement cannot be waived by the parties. The affidavit must also be filed with the court.
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax
returns filed by the party or on the party’s behalf for the past year. A party may file a transcript of the
tax return as provided by Internal Revenue Service Form 4506-T in lieu of his or her individual
federal income tax return for purposes of a temporary hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not
been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial
affidavit.
(d) Parties’ Disclosure Requirements for Initial or Supplemental Proceedings. A party shall serve
the following documents in any proceeding for an initial or supplemental request for permanent
financial relief, including, but not limited to, a request for child support, alimony, equitable
distribution of assets or debts, or attorneys’ fees, suit money, or costs:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure
Form12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law
Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than
$50,000, which requirement cannot be waived by the parties. The financial affidavits must also be
filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the
court on its own motion may order, a party whose gross annual income is less than $50,000 to
complete Florida Family Law Rules of Procedure Form 12.902(c).
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax
returns filed by the party or on the party’s behalf for the past 3 years.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not
been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial
affidavit.
(5) A statement by the producing party identifying the amount and source of all income received
from any source during the 3 months preceding the service of the financial affidavit required by this
rule if not reflected on the pay stubs produced.
(6) All loan applications and financial statements prepared or used within the 12 months
preceding service of that party’s financial affidavit required by this rule, whether for the purpose of
obtaining or attempting to obtain credit or for any other purpose.
(7) All deeds within the last 3 years, all promissory notes within the last 12 months, and all present
leases, in which the party owns or owned an interest, whether held in the party’s name individually,
in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian
for any other person, or in someone else’s name on the party’s behalf.
(8) All periodic statements from the last 3 months for all checking accounts, and from the last 12
months for all other accounts (for example, savings accounts, money market funds, certificates of
deposit, etc.), regardless of whether or not the account has been closed, including those held in
the party’s name individually, in the party’s name jointly with any other person or entity, in the party’
s name as trustee or guardian for any other person, or in someone else’s name on the party’s
behalf.
(9) All brokerage account statements in which either party to this action held within the last 12
months or holds an interest including those held in the party’s name individually, in the party’s
name jointly with any person or entity, in the party’s name as trustee or guardian for any other
person, or in someone else’s name on the party’s behalf.
(10) The most recent statement for any profit sharing, retirement, deferred compensation, or
pension plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the
party is a participant or alternate payee and the summary plan description for any retirement, profit
sharing, or pension plan in which the party is a participant or an alternate payee. (The summary
plan description must be furnished to the party on request by the plan administrator as required by
29 U.S.C. § 1024(b)(4).)
(11) The declarations page, the last periodic statement, and the certificate for all life insurance
policies insuring the party’s life or the life of the party’s spouse, whether group insurance or
otherwise, and all current health and dental insurance cards covering either of the parties and/or
their dependent children.
(12) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an
ownership or interest in a corporation, partnership, or trust greater than or equal to 30%.
(13) All promissory notes for the last 12 months, all credit card and charge account statements
and other records showing the party’s indebtedness as of the date of the filing of this action and for
the last 3 months, and all present lease agreements, whether owed in the party’s name
individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee
or guardian for any other person, or in someone else’s name on the party’s behalf.
(14) All written premarital or marital agreements entered into at any time between the parties to
this marriage, whether before or during the marriage. Additionally, in any modification proceeding,
each party shall serve on the opposing party all written agreements entered into between them at
any time since the order to be modified was entered.
(15) All documents and tangible evidence supporting the producing party’s claim of special equity
or nonmarital status of an asset or debt for the time period from the date of acquisition of the asset
or debt to the date of production or from the date of marriage, if based on premarital acquisition.
(16) Any court orders directing a party to pay or receive spousal or child support.
(e) Duty to Supplement Disclosure; Amended Financial Affidavit.
(1) Parties have a continuing duty to supplement documents described in this rule, including
financial affidavits, whenever a material change in their financial status occurs.
(2) If an amended financial affidavit or an amendment to a financial affidavit is filed, the amending
party shall also serve any subsequently discovered or acquired documents supporting the
amendments to the financial affidavit.
(f) Sanctions. Any document to be produced under this rule that is served on the opposing party
fewer than 24 hours before a nonfinal hearing or in violation of the court’s pretrial order shall not be
admissible in evidence at that hearing unless the court finds good cause for the delay. In addition,
the court may impose other sanctions authorized by rule 12.380 as may be equitable under the
circumstances. The court may also impose sanctions upon the offending lawyer in lieu of
imposing sanctions on a party.
(g) Extensions of Time for Complying with Mandatory Disclosure. By agreement of the parties,
the time for complying with mandatory disclosure may be extended. Either party may also file, at
least 5 days before the due date, a motion to enlarge the time for complying with mandatory
disclosure. The court shall grant the request for good cause shown.
(h) Objections to Mandatory Automatic Disclosure. Objections to the mandatory automatic
disclosure required by this rule shall be served in writing at least 5 days prior to the due date for
the disclosure or the objections shall be deemed waived. The filing of a timely objection, with a
notice of hearing on the objection, automatically stays mandatory disclosure for those matters
within the scope of the objection. For good cause shown, the court may extend the time for the
filing of an objection or permit the filing of an otherwise untimely objection. The court shall impose
sanctions for the filing of meritless or frivolous objections.
(i) Certificate of Compliance. All parties subject to automatic mandatory disclosure shall file with
the court a certificate of compliance, Florida Family Law Rules of Procedure Form 12.932,
identifying with particularity the documents which have been delivered and certifying the date of
service of the financial affidavit and documents by that party. The party shall swear or affirm under
oath that the disclosure is complete, accurate, and in compliance with this rule, unless the party
indicates otherwise, with specificity, in the certificate of compliance. Except for the financial affidavit
and child support guidelines worksheet, no documents produced under this rule shall be filed in
the court file without a court order.
(j) Child Support Guidelines Worksheet. If the case involves child support, the parties shall file
with the court at or prior to a hearing to establish or modify child support a Child Support
Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure Form
12.902(e). This requirement cannot be waived by the parties.
(k) Place of Production.
(1) Unless otherwise agreed by the parties or ordered by the court, all production required by this
rule shall take place in the county where the action is pending and in the office of the attorney for
the party receiving production. Unless otherwise agreed by the parties or ordered by the court, if a
party does not have an attorney or if the attorney does not have an office in the county where the
action is pending, production shall take place in the county where the action is pending at a place
designated in writing by the party receiving production, served at least 5 days before the due date
for production.
(2) If venue is contested, on motion by a party the court shall designate the place where production
will occur pending determination of the venue issue.
(l) Failure of Defaulted Party to Comply. Nothing in this rule shall be deemed to preclude the entry
of a final judgment when a party in default has failed to comply with this rule.
We invite you to review the pages of our website to learn more about our Orlando law firm and the
services we provide in Divorce and Family Law cases, or you can Call us today at (407) 648-5255
for a Free Case Review of your individual situation. Our office is conveniently located in the
Downtown Orlando area and we can be reached 24 Hours a Day Seven Days a Week.
Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> Divorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>
opposing party. Additional information may be requested by the opposing party as well. If you can
obtain actual statements for any documents listed in the rule, whether monthly, quarterly, or
annual, then you should obtain and provide these statements to your attorney. You will want to
begin collecting this information as soon as possible. In some cases, statements will have to be
ordered for bank accounts, credit cards, mortgages, pension plans, etc., and it may take
considerable time to obtain all of this documentation.
Family Law Rule 12.285
(a) Application.
(1) Scope. This rule shall apply to all proceedings within the scope of these rules except
proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for
domestic, repeat, dating, or sexual violence, and uncontested dissolutions when the respondent is
served by publication and does not file an answer. Additionally, no financial affidavit or other
documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or
costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor
statute. Except for the provisions as to financial affidavits and child support guidelines worksheets,
any portion of this rule may be modified by order of the court or agreement of the parties.
(2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court,
copies of documents required under this rule may be produced in lieu of originals. Originals, when
available, shall be produced for inspection upon request. Parties shall not be required to serve
duplicates of documents previously served.
(b) Time for Production of Documents.
(1) Temporary Financial Hearings. Any document required under this rule in any temporary
financial relief proceeding shall be served on the other party for inspection and copying as follows.
(A) The party seeking relief shall serve the required documents on the other party with the notice of
temporary financial hearing, unless the documents have been served under subdivision (b)(2) of
this rule.
(B) The responding party shall serve the required documents on the party seeking relief on or
before 5:00 p.m., 2 business days before the day of the temporary financial hearing if served by
delivery or 7 days before the day of the temporary financial hearing if served by mail, unless the
documents have been received previously by the party seeking relief under subdivision (b)(2) of
this rule. A responding party shall be given no less than 12 days to serve the documents required
under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of
documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12
days, the provisions of subdivision (b)(2) control.
(2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or
supplemental proceeding shall be served on the other party for inspection and copying within 45
days of service of the initial pleading on the respondent.
(c) Disclosure Requirements for Temporary Financial Relief. In any proceeding for temporary
financial relief heard within 45 days of the service of the initial pleading or within any extension of
the time for complying with mandatory disclosure granted by the court or agreed to by the parties,
the following documents shall be served on the other party:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form
12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of
Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000.
This requirement cannot be waived by the parties. The affidavit must also be filed with the court.
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax
returns filed by the party or on the party’s behalf for the past year. A party may file a transcript of the
tax return as provided by Internal Revenue Service Form 4506-T in lieu of his or her individual
federal income tax return for purposes of a temporary hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not
been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial
affidavit.
(d) Parties’ Disclosure Requirements for Initial or Supplemental Proceedings. A party shall serve
the following documents in any proceeding for an initial or supplemental request for permanent
financial relief, including, but not limited to, a request for child support, alimony, equitable
distribution of assets or debts, or attorneys’ fees, suit money, or costs:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure
Form12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law
Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than
$50,000, which requirement cannot be waived by the parties. The financial affidavits must also be
filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the
court on its own motion may order, a party whose gross annual income is less than $50,000 to
complete Florida Family Law Rules of Procedure Form 12.902(c).
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax
returns filed by the party or on the party’s behalf for the past 3 years.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not
been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial
affidavit.
(5) A statement by the producing party identifying the amount and source of all income received
from any source during the 3 months preceding the service of the financial affidavit required by this
rule if not reflected on the pay stubs produced.
(6) All loan applications and financial statements prepared or used within the 12 months
preceding service of that party’s financial affidavit required by this rule, whether for the purpose of
obtaining or attempting to obtain credit or for any other purpose.
(7) All deeds within the last 3 years, all promissory notes within the last 12 months, and all present
leases, in which the party owns or owned an interest, whether held in the party’s name individually,
in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian
for any other person, or in someone else’s name on the party’s behalf.
(8) All periodic statements from the last 3 months for all checking accounts, and from the last 12
months for all other accounts (for example, savings accounts, money market funds, certificates of
deposit, etc.), regardless of whether or not the account has been closed, including those held in
the party’s name individually, in the party’s name jointly with any other person or entity, in the party’
s name as trustee or guardian for any other person, or in someone else’s name on the party’s
behalf.
(9) All brokerage account statements in which either party to this action held within the last 12
months or holds an interest including those held in the party’s name individually, in the party’s
name jointly with any person or entity, in the party’s name as trustee or guardian for any other
person, or in someone else’s name on the party’s behalf.
(10) The most recent statement for any profit sharing, retirement, deferred compensation, or
pension plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the
party is a participant or alternate payee and the summary plan description for any retirement, profit
sharing, or pension plan in which the party is a participant or an alternate payee. (The summary
plan description must be furnished to the party on request by the plan administrator as required by
29 U.S.C. § 1024(b)(4).)
(11) The declarations page, the last periodic statement, and the certificate for all life insurance
policies insuring the party’s life or the life of the party’s spouse, whether group insurance or
otherwise, and all current health and dental insurance cards covering either of the parties and/or
their dependent children.
(12) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an
ownership or interest in a corporation, partnership, or trust greater than or equal to 30%.
(13) All promissory notes for the last 12 months, all credit card and charge account statements
and other records showing the party’s indebtedness as of the date of the filing of this action and for
the last 3 months, and all present lease agreements, whether owed in the party’s name
individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee
or guardian for any other person, or in someone else’s name on the party’s behalf.
(14) All written premarital or marital agreements entered into at any time between the parties to
this marriage, whether before or during the marriage. Additionally, in any modification proceeding,
each party shall serve on the opposing party all written agreements entered into between them at
any time since the order to be modified was entered.
(15) All documents and tangible evidence supporting the producing party’s claim of special equity
or nonmarital status of an asset or debt for the time period from the date of acquisition of the asset
or debt to the date of production or from the date of marriage, if based on premarital acquisition.
(16) Any court orders directing a party to pay or receive spousal or child support.
(e) Duty to Supplement Disclosure; Amended Financial Affidavit.
(1) Parties have a continuing duty to supplement documents described in this rule, including
financial affidavits, whenever a material change in their financial status occurs.
(2) If an amended financial affidavit or an amendment to a financial affidavit is filed, the amending
party shall also serve any subsequently discovered or acquired documents supporting the
amendments to the financial affidavit.
(f) Sanctions. Any document to be produced under this rule that is served on the opposing party
fewer than 24 hours before a nonfinal hearing or in violation of the court’s pretrial order shall not be
admissible in evidence at that hearing unless the court finds good cause for the delay. In addition,
the court may impose other sanctions authorized by rule 12.380 as may be equitable under the
circumstances. The court may also impose sanctions upon the offending lawyer in lieu of
imposing sanctions on a party.
(g) Extensions of Time for Complying with Mandatory Disclosure. By agreement of the parties,
the time for complying with mandatory disclosure may be extended. Either party may also file, at
least 5 days before the due date, a motion to enlarge the time for complying with mandatory
disclosure. The court shall grant the request for good cause shown.
(h) Objections to Mandatory Automatic Disclosure. Objections to the mandatory automatic
disclosure required by this rule shall be served in writing at least 5 days prior to the due date for
the disclosure or the objections shall be deemed waived. The filing of a timely objection, with a
notice of hearing on the objection, automatically stays mandatory disclosure for those matters
within the scope of the objection. For good cause shown, the court may extend the time for the
filing of an objection or permit the filing of an otherwise untimely objection. The court shall impose
sanctions for the filing of meritless or frivolous objections.
(i) Certificate of Compliance. All parties subject to automatic mandatory disclosure shall file with
the court a certificate of compliance, Florida Family Law Rules of Procedure Form 12.932,
identifying with particularity the documents which have been delivered and certifying the date of
service of the financial affidavit and documents by that party. The party shall swear or affirm under
oath that the disclosure is complete, accurate, and in compliance with this rule, unless the party
indicates otherwise, with specificity, in the certificate of compliance. Except for the financial affidavit
and child support guidelines worksheet, no documents produced under this rule shall be filed in
the court file without a court order.
(j) Child Support Guidelines Worksheet. If the case involves child support, the parties shall file
with the court at or prior to a hearing to establish or modify child support a Child Support
Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure Form
12.902(e). This requirement cannot be waived by the parties.
(k) Place of Production.
(1) Unless otherwise agreed by the parties or ordered by the court, all production required by this
rule shall take place in the county where the action is pending and in the office of the attorney for
the party receiving production. Unless otherwise agreed by the parties or ordered by the court, if a
party does not have an attorney or if the attorney does not have an office in the county where the
action is pending, production shall take place in the county where the action is pending at a place
designated in writing by the party receiving production, served at least 5 days before the due date
for production.
(2) If venue is contested, on motion by a party the court shall designate the place where production
will occur pending determination of the venue issue.
(l) Failure of Defaulted Party to Comply. Nothing in this rule shall be deemed to preclude the entry
of a final judgment when a party in default has failed to comply with this rule.
We invite you to review the pages of our website to learn more about our Orlando law firm and the
services we provide in Divorce and Family Law cases, or you can Call us today at (407) 648-5255
for a Free Case Review of your individual situation. Our office is conveniently located in the
Downtown Orlando area and we can be reached 24 Hours a Day Seven Days a Week.
Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> Divorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>
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We Accept:
| MANDATORY DISCLOSURE |
809 Irma Avenue Suite 2
Orlando, Florida 32803
Tel: (407) 648-5255
Orlando, Florida 32803
Tel: (407) 648-5255