In short-yes! Florida Family Law Rule of Procedure 12.285(d)(1)(8) requires the exchange of produce twelve (12) months of financial accounts regardless of whether the account is currently closed. Mandatory disclosures are financial documentation that is required to be exchanged in divorce cases and must be served on the other party within 45 days of service of the initiation of the family case.
When a divorce case is initiated and there’s some sort of money involved for equitable distribution then the law requires certain financial information to be exchanged between the parties.
What are mandatory disclosures?
Mandatory Disclosures will allow you to request the other spouse to provide certain banking information regardless of whether they closed it when the divorce was still in process or if it was closed a few years ago. In the state of Florida, you can request all of the bank statements within a certain timeframe, or you can go back to several years depending on its relevance to your case and allegations.
For example, if the disclosure required your spouse to provide bank information from a year ago but the account has been closed for six months or even a year, the spouse is still required to do so even if the account is closed. The Bank permits you to ask for this information under Mandatory Disclosures, the other spouse will just have to request this to his/her bank.
All in all, Mandatory disclosures will allow you to obtain banking or financial information from the other spouse from many years ago, as long as it is available and is relevant to both parties’ divorce proceedings.
What happens if the other spouse does not want to cooperate?
You will need to speak with your attorney to issue a “subpoena”. This subpoena would require the bank to provide the bank information that you need from your spouse within a certain time frame and several procedures.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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