Mandatory Disclosure in Florida Family Law Cases

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The Florida Supreme Court provides the following commentary on Mandatory Disclosure in Florida family law cases:

Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement also must be met in other family law cases, except adoptions, simplified dissolutions of marriage, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932.

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Florida Divorce – Time to Respond to a Petition

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It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner.

The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff’s deputy or other authorized process server.  Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner’s requests and allegations.

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Tampa Bay Clerks of the Court Slow to Implement e-Filing

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You may have heard of the term “paperless office,” where documents are stored on networks and hard drives rather than in physical drawers and filing cabinets.  The advantages of the paperless office over traditional means of storing documents include the following: money is saved on paper and postage; space is saved from bulky file cabinets; trees are saved from being cut down; and time is saved by quick transmittal of documents via e-mail.  This usually also translates to savings for the customer or client.

Well, the Florida Courts have set their sights on a paperless court system.  This starts out with e-filing (the filing of documents via the internet rather than dropping off paper copies).  e-Filing began through Florida’s e-Filing Portal in January 2012, and the clerks of the Court have set a goal to have all counties accepting e-filing for their civil (non-criminal) divisions through the Portal by July 1, 2012.

Many counties have been quick to implement e-filing through the Portal.  In fact, according to a presentation provided at the February 1, 2012, e-Filing Authority Board Meeting, 41 counties now accept at least some filing electronically through the portal.  Polk County is included in these counties, though it does not yet accept e-filing for family law cases.

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What is a General Magistrate?

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If you have a family law case in Florida, your matter may be referred to a general magistrate under Florida Family Law Rule of Procedure 12.490.  But what is a general magistrate?

A general magistrate is simply an attorney appointed by the Court with the power to (i) conduct a hearing and (ii) make a recommendation to the judge on how a particular pleading or issue should be ruled on.  General magistrates keep the keep the family law system moving by taking some of the load off of the judges’ busy schedules.  In Hillsborough County, general magistrates are most commonly utilized in post-judgment cases (e.g., modification of a child support or alimony order).

If you have questions regarding a post-judgment or other family law matter and you are seeking to retain an attorney in Tampa Bay, you can schedule a consultation by calling The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or filling out our contact form.

Word Cloud: Mandatory Disclosure

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In my continued quest to literally visualize statutes and rules related to Florida family law, I created the following word cloud of Florida Family Law Rule of Procedure 12.285 (Mandatory Disclosure) using Wordle:

Mandatory Disclosure Word CloudThough this word cloud makes Mandatory Disclosure seem like it belongs in discussion held at a TexMex-themed cocktail party, the fact is that the exchange of certain financial information is crucial to move along most family law matters (including divorce, paternity, child support, alimony, support unconnected with divorce, and modification of financial issues).  To that point, a court will not grant a final judgment in most cases unless financial affidavits have been exchanged and each party has filed and exchanged a certificate of compliance with mandatory disclosure.

What do you think of the mandatory disclosure word cloud?  Feel free to leave a comment below.

Otherwise, if you would like to schedule a consultation with a Florida Family Law Lawyer, call The Law Firm of Adam B. Cordover, P.A. at (813) 443-0615 or fill out our contact form at http://www.familydiplomacy.com/contact-us.

Limited Representation: A Cost-Effective Family Law Option

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As the economy went south, everyone sought options to trim his or her budget.  Some people skipped Starbucks and began brewing their own coffee.  Others found creative ways to recycle their grocery bags.  Still others completely transformed their driving habits to achieve better gas mileage.  But one pronounced trend in the legal community has been the amount of people who decided to represent themselves in family court.

Unfortunately, there are often consequences to a party’s decision to save money and appear pro se (represent him or herself).  I have had many litigants come into my office after attempting to proceed with no legal counsel and finding that (a) their case had been dismissed or they face contempt of court because they did not follow proper procedure, (b) they wasted their hard-earned dollars on unnecessary fees and “money saver” programs that became obsolete once the opposing party began contesting the matter, and/or (c) their case has dragged on because they did not know how to bring their matter to conclusion.  But, alas, not everyone can afford an attorney to fully represent them.

Thankfully, Florida Family Law Rule of Procedure 12.040 provides a cost-effective option:  limited representation, also known as unbundled legal services.

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Mandatory Disclosure (Rule 12.285, Florida Family Law Rules of Procedure)

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MANDATORY DISCLOSURE

(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.

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