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A motion to compel in a Florida family law case or divorce case may be made when one party (the petitioner or the respondent) has failed to abide by Florida Family Law Rule of Procedure 12.285. Rule 12.285 is the Rule of Mandatory Disclosures. In other words, it is an automatic discovery request.
A majority of Florida family law courts require both litigants to complete a financial affidavit.
The requirement that each party file a completed Financial Affidavit cannot be waived and the Affidavit must be filed. If you and the other party agree to waive the requirements of the Mandatory Disclosure Rule you may file a Waiver of Mandatory Disclosure with the court.
Mandatory disclosure is required but can be waived by written agreement of both parties. Waiver of mandatory disclosure typically only occurs in an uncontested divorce. However, you cannot waive the requirement that you complete and file a Financial Affidavit.
Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.
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The requirement that each party file a completed Financial Affidavit cannot be waived and the Affidavit must be filed. If you and the other party agree to waive the requirements of the Mandatory Disclosure Rule you may file a Waiver of Mandatory Disclosure with the court.
A financial affidavit is generally not required for adoptions, injunctions, and uncontested divorces. The financial affidavit is a standardized form prepared by the Florida Supreme Court. There are two different versions of the form: a short form and a long form.
A majority of Florida family law courts require both litigants to complete a financial affidavit.
In the state of Florida, there is actually a Mandatory Disclosure Rule. This rule requires that both parties in a family law case provide specific and certain documentation to the other party. This is so each is fully informed about the financial situation or circumstances of the opposing party.
A majority of Florida family law courts require both litigants to complete a financial affidavit.

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