Are You Required to Update Certain Documents During Your Divorce Case in Florida?
Getting divorced is complicated not only because you are required to present a variety of documents during the proceedings, but also because you may be required to update certain documents throughout your case.
In Florida, the divorce process is typically comprised of:
- Request for Production
- Request for Admissions
It is not uncommon for certain information that you previously provided over the course of your divorce to change. When this happens, you may be required to update or supplement the updated information.
Failure to do so may negatively affect the outcome of your case. It is important to discuss your case with a skilled divorce attorney in Orlando to ensure that you update and provide the mandatory documents during your divorce proceedings.
What Documents You Must Update During a Divorce Case
Under the Florida Family Law Rules of Procedures Section 12.285, a divorcing spouse has a “continuing duty” to update and supplement the following documents whenever there is “a material change in their financial status”:
- Financial affidavits
- Pay stubs
- Tax returns (federal and state)
- Child support guidelines worksheet
- Loan applications
- Brokerage account statements
- IRS forms W-2, 1099, and K-1 for the past 12 months
Also, the state law requires each party to supplement or amend their documents or responses upon obtaining new information or determining that their prior response was incorrect or inaccurate. These supplemental documents must be produced “as soon as possible after the discovery of the incorrect information or change.”
When to Update Divorce Documents in Florida?
Typically, there are three situations in which a spouse is required to update or supplement their documents throughout the divorce proceeding:
- When there has been a material change in their financial status;
- Upon discovering that a prior response was incorrect; or
- Upon determining that a prior response is not accurate.
While it is relatively easy to define what constitutes an incorrect or inaccurate response, the term “material change” can be interpreted differently by different courts. As a rule of thumb, it is vital to keep track of your financial status and documents to check if there has been a significant change.
The following may constitute a material change in financial status:
- Loss or gain of employment
- Sale of property
- Payoff of debts
- Acquisition of assets
If any of the above-mentioned has occurred, the party is required to supplement or amend their response. A party’s failure to supplement or amend their response upon discovering a material change in financial status can lead to various sanctions and can delay the divorce case.
Why You Need an Orlando Divorce Attorney
The financial status of both parties has a major impact on various aspects of their divorce case, including alimony and child support awards and property distribution. Parties are required to produce and supplement a variety of documents during the discovery phase. Thus, you may forget to provide certain information to the court or may fail to keep track of changes in your financial status.
For this reason, it is important to contact an Orlando divorce attorney to ensure that you comply with the divorce procedures. Speak with our family law attorney at the Law Offices of Steve W. Marsee, P.A., to talk about your particular case and determine what kind of documents should be updated throughout your divorce case. Call at 407-521-7171 for a consultation.