Filing for Divorce: How to Prepare Yourself

What is Mandatory Disclosure in Florida Divorce?

Mandatory Disclosure is the process whereby financial information is supposed to be automatically disclosed by the parties when filing a divorce or other family law case.  The procedure is mandated by Florida Family Law Rule of Procedure 12.285.  The purpose of Rule 12.285 is to ensure that each party will be fully informed about the financial circumstances of the other party prior to settlement of the case through mediation, negotiation or trial.

Rule 12.285 specifically requires the exchange of financial affidavits, and this exchange cannot be waived.  There are two types of financial affidavits: a short form for those who have an annual gross income of under $50,000 (see Family Law Financial Affidavit 12.902 b) and a long form (see Family Law Financial Affidavit 12.902c) for those who have an annual gross income of $50,000 or greater. Rule 12.285 also requires exchange of additional documents, including tax returns, bank statements, credit card statements, mortgage statement, deeds, business information, vehicle titles, insurance policies, etc.  The parties can agree to waive the exchange of all of these additional documents. If the parties agree to waive the exchange of mandatory disclosure documents (except the financial affidavit), a waiver of mandatory disclosure must be executed by the parties and filed with the Court.

Under the rule, Mandatory disclosure must be exchanged by the parties within 45 days after the initial case is served on the respondent. There is a continuing duty to update mandatory disclosure (including the financial affidavit) whenever there is a material change in a party’s financial circumstances, and a party may object to mandatory disclosure anytime up to 5 days before disclosure is due.  You cannot complete the form and be done.  If there are financial changes an amended financial affidavit must be filed.  To comply with mandatory disclosure, a party must certify by notarized signature that all of the required records are being disclosed to the other party.

If a party does not comply with Mandatory Disclosure the remedy is to file Motion to Compel the Disclosure and/ or a Motion for Contempt for failure to disclose the required information.  A party can be held liable by the court for the other party’s attorney fees incurred to bring these Motions, if the violating party failed to provide disclosure that is within their power and control to provide.  The court also has authority to order sanctions against the party in non-compliance.

Divorce and Family law can be a complex process, with many factors and aspects to consider.  I can help you navigate through this process. With over 24 years of experience, I have the knowledge and skills to assist with even the most contentious of cases. Schedule your reduced fee consultation with Debora A. Diaz, Esq.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving New Port Richey, Trinity, Wesley Chapel in Pasco, Pinellas, Hernando and surrounding counties.

Although there are exceptions, most married couples fall under the same insurance plan.

What happens to insurance if the couple then goes through a divorce?

Is each party then responsible for their own insurance, or is there a way to continue coverage on a spouse’s plan?

Are there other alternatives for disadvantaged spouses who may not have access to insurance?

Here is some advice on how to manage your insurance plans after divorce, including when and how to find new insurance if you will no longer be covered after divorce.

Health Insurance After Divorce

If you were covered under your spouse’s insurance plan during the marriage, you can attempt to maintain coverage under your spouse’s workplace plan through COBRA.  This means that you can continue the employer group insurance but you have to pay the premium plus an administrative fee to the insurance plan.  This may be costly. You may be better off paying for private health insurance.  Alternatively, you can seek insurance through your own employer, the health insurance plan marketplace, or you can apply for Medicare or Medicaid (depending on your age). Note that your children may still be covered under your spouse’s plan, but you may be required to help cover a portion of it as part of child support.

Homeowners Insurance After Divorce

If you and your spouse are both planning to stay on the title for your home until after the kids grown, it is recommended that you both remain listed on the homeowner’s insurance policy. However, if you will be taking ownership of the home, then your spouse would be removed from the plan.  Alternatively, if you are renting and your spouse is taking ownership of the home (or it is being sold), you might want to consider renter’s insurance to protect your property in the event of a fire or another catastrophic event.

Life Insurance After Divorce

Life insurance is one of the most commonly overlooked insurance types, but it can also be the most critical – especially if you and your spouse share minor children.  An important aspect to consider is whether your spouse should have a life insurance policy to cover child support or alimony payments that may go unpaid, should something happen to your spouse before the term of the agreement has ended or the children reach majority.  I always discuss these options with my clients that are receiving child support and/or spousal support.  It is better for the beneficiary to hold the policy, that way it is protected from accidental (or intentional) lapses.

Divorce is a complex process, with many factors and aspects to consider.  I can help you navigate through this process. With over 24 years of experience, I have the knowledge and skills to assist with even the most contentious of cases. Schedule your consultation with Debora A. Diaz, Esq.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving New Port Richey, Trinity, Wesley Chapel in Pasco, Pinellas, Hernando and surrounding counties.

If you are considering a divorce, there are a several things about divorce for Florida residents that you should know before consulting your attorney.  These tips will save you both time and money.

One: Requirements for Florida Divorces

If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that the “marriage is irretrievably broken,” and there should be a divorce, you can agree in writing to end the marriage.  If one of you denies that the marriage is broken beyond repair or you have a child, the court has the authority to order counseling with a marriage counselor, priest or rabbi, or psychologist for up to three months.  Although it is rare that the court orders counseling.

Two: How to Begin the Process of Divorce for Florida Residents

Also called a “dissolution” of the marriage, Florida divorces legally begin when you or your spouse files a “Petition for Dissolution of Marriage” with the local circuit court.  After the other spouse is served with the summons and paperwork the spouse has 20 days to respond.  If both you and your spouse agree on how to divide property and debt the divorce can be finalized without a trial.  If you have minor children the parties also must agree on child-support, time-sharing and a Parenting Plan.  The agreement and Parenting Plan must be in writing and signed by both parties.  The Court must approve the Parenting Plan.  If the parties cannot agree, the court will assign a time for a hearing.

Three: Marital Assets

Any assets and debts acquired during the marriage are referred to as “marital assets,” and will be divided “equitably,” or fairly, upon divorce.  Any assets you had prior to the marriage may be considered “non-marital assets” if they were kept separated from property acquired during the marriage.  You and your spouse can each retain your non-marital assets.  Note that sometimes non-marital assets can have a marital component if they were co-mingled and/or used as collateral in the marriage.

Four: Dividing of Marital Property

Judges will divide assets equally, unless there is a basis for unequal distribution. The judge will consider both you and your spouse’s economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution.

Five: Alimony

Alimony is an extension of the obligation for spouses to support each other financially during the marriage.  Under divorce laws in Florida, a court can order alimony based on factors under Florida Statutes. Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age, physical condition and emotional condition of each spouse; the financial resources of each party; the earning capacities, educational levels and employability of the parties; the contribution of each party to the marriage; the responsibilities each party will have with regard to any minor children; the tax treatment and consequences of any alimony award; all sources of income available to each party; and any other factor to do equity and justice between the parties.

Six: Primary Residence

If you and your spouse cannot come to an agreement on the primary residence of the child, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your child’s upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a child’s welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child, the mental and physical health of the parents, the home, school and community record of the child, and the length of time the child has lived in a stable, satisfactory environment among several other factors.

Seven: Child Support

Divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay. The court looks at both parents’ incomes and the child’s health and child care costs.  Florida’s standard needs table lists support amounts based on the child’s age and the parents income.

Eight: Documents You Will Need

The court will need to know about all of your assets in order to divide them.  Both parties are required to file financial affidavits listing all income, assets and liabilities.  Make copies of tax returns, bank statements, mortgage documents and any other financial information that you have access to.   This will save you time and money down the road.  You should also take inventory of your major household and family possessions. A detailed household budget will help your lawyer as well as the court determine how much temporary support can be paid.

Nine: Debts

Any debt incurred before the marriage, such as educational debt, is not considered while dividing debts. Like assets, the debts will be divided equitably. If you have a mortgage, the court may order both of you to split the debt; if one spouse stays in the home, the mortgage may be restructured to make that spouse the sole owner and borrower.  Note that educational debt incurred during the marriage is marital!

Ten: Taxes

It is important to think about how a divorce, for Florida residents, will change your taxes. Property transfers, taxability of alimony payments and dependency deductions for children may all affect your tax filing status. Working with an accountant along with your lawyer will help you avoid making mistakes you may not be able to fix after the divorce.

Know your rights.  To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.

Written by Debora A. Diaz, Esq.

Practicing Divorce and Marital Law since 1995.  Serving Pasco, Pinellas, Hernando and surrounding counties.