QUESTION
With the petition and summons, should I include Preliminary Disclosure even if wife has hid all of her account information for six years?
Asked on Nov 11th, 2012 on Divorce - Florida
More details to this question:
I can only list my accounts. I thought a better idea would be to have each of us keep our own accounts, as they may be reasonably close in value, and just fill out the MSA to sell the joint house we own. What are the disadvantages of this approach if she will be willing to sign the MSA while both of us keep our accounts (equally valued)?
6 ANSWERS
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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The disclosure is required by California law, so be thorough and honest and serve her with it. You do not have to serve it with the Summons and Petition, but do serve it within 90 days. Be sure to file your proof of service of disclosure (just the proof of service) with the court. Your wife will need to serve you with her disclosure as well. The court will not grant your dissolution judgment without the exchange of disclosures. There are penalties for disclosures that do not list all assets, so consult with an attorney if you feel Wife is not being forthcoming. As to keeping your own accounts, that is an issue of settlement. You two are free to agree on terms at your discretion.
Answered on Nov 14th, 2012 at 7:18 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Include everything the court ask you to do.
Answered on Nov 14th, 2012 at 7:13 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You should consult with and hire an attorney. If you agree to something without seeing documentation, you could be giving away valuable rights to assets that you will never be able to get back.
Answered on Nov 14th, 2012 at 6:52 AM
You must do a thorough preliminary so just get it done and serve it. Then demand one from her.
Answered on Nov 14th, 2012 at 5:49 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You do not have to file your Mandatory with your Petition. It is due 45 days after your wife is served. The downside of not specifically valuing both of your bank accounts is that you may be foregoing some assets that you are entitled to receive.
Answered on Nov 14th, 2012 at 5:37 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are entitled to 1/2 of what is in her accounts. She may have more than you. See an attorney. Do discovery to find out what she has. Do not walk away from what could be a lot of money. You cannot get a divorce without disclosing financial information. She can't sign an MSA without disclosing her info unless she perjures herself.
Answered on Nov 14th, 2012 at 5:37 AM