Florida Divorce: Four Steps to Take If You Suspect Your Spouse’s Financial Disclosures are Incomplete
High net worth divorce is complicated. Both spouses are required to make comprehensive financial disclosures. If you believe that your partner’s financial disclosures are incomplete, it is imperative that you take immediate action to protect your rights and your interests. Here, our Boca Raton high net worth divorce lawyer highlights four steps that you should take if you believe that your spouse’s financial disclosures are incomplete or otherwise inadequate.
Step #1: Compare the Disclosures Against Florida’s Mandatory Requirements
You need to know the law. You should start by determining exactly what is missing. Florida Family Law Rule of Procedure 12.285 mandates financial disclosure requirements in most dissolution proceedings. Depending on the case, those disclosures can include a sworn financial affidavit, federal income tax returns, proof of income, bank statements, brokerage records, retirement-account statements, debt information, and other financial documents. For high net worth divorces, a long-form financial affidavit (Form 12.902(c)) is required.
Step #2: Use Formal Discovery to Obtain the Missing Information
Your Boca Raton divorce attorney can help you develop a strategy for getting missing financial information. In some cases, the lack of disclosure may be inadvertent. In other cases, your spouse may be trying to hide something. Mandatory disclosure is only the starting point. Florida’s family-law discovery rules allow a spouse to pursue additional information through interrogatories, requests for production, depositions, and subpoenas directed to third parties.
Step #3: Consider a Forensic Accountant or Other Financial Expert
Complex finances may require more than ordinary document review. Indeed, independent financial experts are often used in high net worth divorce cases. A forensic accountant can trace funds between accounts, analyze business records, reconstruct income, identify unusual transfers, and evaluate whether assets have been concealed or dissipated. Your attorney can help you connect with the right accountant.
Step #4: Seek a Court Order if Your Spouse Does Not Cooperate
If a spouse fails to comply with Rule 12.285 or properly served discovery, the other party may seek judicial enforcement. Florida Family Law Rule of Procedure 12.380 permits a party to file a motion to compel when another party fails to comply with discovery requirements, expressly including mandatory disclosure under Rule 12.285. Continued noncompliance can expose a party to sanctions and other adverse consequences. If you are in an especially high conflict case, your Florida divorce attorney can take aggressive action to protect your rights and your interests.
Contact Our Florida High Net Worth Divorce Lawyer Today
At Williams & Varsegi, LLC, our Boca Raton high net worth divorce attorney has experience that you can trust. If you have any questions about financial disclosure requirements, we can help. Give us a call now or contact our family team online to set up a completely confidential, no obligation initial consultation. With a law office in Boca Raton, we handle family and divorce matters in Broward County, Palm Beach County, and throughout the region in South Florida.
Source:
flcourts-media.flcourts.gov/content/download/345287/file/01-2344_rule.pdf
