Mandatory Financial Disclosure in Florida Divorce Rule 12.285 Checklist

Originally published: January 2026 | Reviewed by Carol Ann Mazza

Mandatory Financial Disclosure in Florida Divorce Rule 12.285 Checklist

Divorce in Florida? Get ready for a mountain of paperwork. One of the big hurdles is mandatory financial disclosure under Rule 12.285.

Rule 12.285 generally requires each party to serve a mandatory financial disclosure within 45 days after the initial pleading is served on the respondent (unless the case is exempt). 

You’ll need to pull together tax returns, bank statements, pay stubs, and more to lay out your full financial situation. 

In most Florida divorces where either party is requesting permanent financial relief (child support, alimony, equitable distribution, or fees/costs), Rule 12.285 applies—even if you expect an uncontested outcome—unless a specific exemption applies. 

If you understand this checklist, you’ll dodge delays, court headaches, and last-minute surprises. Judges want full compliance, and missing paperwork can mess up your case in custody disputes or property splits.

Key Takeaways

  • Rule 12.285 generally requires each party to serve a mandatory financial disclosure within 45 days after the initial pleading is served on the respondent (unless an exemption applies).
  • Mandatory disclosure typically includes financial affidavits and core documents such as tax returns, pay information, account statements, and debt records.
  • Complete, honest disclosure supports faster settlement discussions and can reduce motions, delays, and discovery disputes.

What Is “Mandatory Financial Disclosure” In A Florida Divorce Under Rule 12.285?

What Is "Mandatory Financial Disclosure" In A Florida Divorce Under Rule 12.285?

Mandatory disclosure means the court rules automatically require the exchange of specific financial documents—and usually financial affidavits—in cases covered by Rule 12.285, with a short list of exceptions (including simplified dissolution and certain publication-service uncontested cases).

 Rule 12.285 creates an automatic requirement—no need to wait for the other side to request.

What “Mandatory” Means

Under Rule 12.285, “mandatory” means you have to provide financial disclosure whether you want to or not. You can’t skip this step or wait for your spouse to request documents.

These requirements apply to every divorce case in Florida involving financial issues—such as property division, alimony, or child support. The rule makes disclosure automatic from the moment you file for divorce.

The standard deadline is 45 days from service of the initial pleading on the respondent. That clock—not the date you file your affidavit—is what drives most mandatory disclosure deadlines. 

Your spouse gets the same deadline. Nobody gets out of this by claiming the other side already knows their finances or by saying the case is simple.

The court expects full compliance even when both sides agree on everything. This process ensures both of you see the same financial information before making any final decisions.

Which Florida Divorce Cases Are Exempt From Rule 12.285 (And Which Are Not)?

Very few divorce cases in Florida are exempt from mandatory disclosure. Most divorces require both parties to exchange financial documents within 45 days, but simplified dissolution works differently.

Cases exempt from mandatory financial disclosure requirements:

  • Simplified dissolution of marriage
  • Certain uncontested dissolution cases where the respondent is served by publication and does not answer
  • Certain proceedings not seeking permanent financial relief (case-type dependent)

Cases NOT exempt:

  • Child support
  • Alimony
  • Equitable distribution/property division
  • Attorney’s fees and costs

If you’re not sure whether your case requires disclosure, just assume it does. An uncontested divorce doesn’t let you skip mandatory disclosure in Florida. 

Even if you and your spouse agree on everything, you still have to file financial affidavits and exchange the basics unless you qualify for simplified dissolution. 

The only real way around these rules is a simplified dissolution or a signed waiver from both sides.

If you’re ready to get started, call us now!

The 45-Day Rule 12.285 Deadline Explained (When The Clock Starts And What You Must Exchange)

The 45-Day Rule 12.285 Deadline Explained (When The Clock Starts And What You Must Exchange)

For most dissolution cases, the 45-day clock is keyed to service of the initial pleading on the respondent (so both parties’ deadlines track that service date). You have 45 days from the date of service to exchange all the required financial documents.

This deadline applies to both people in the divorce. The person who filed (petitioner) and the one responding (respondent) must both meet it.

You’ll need to exchange these core documents:

  • Financial affidavit (short vs long form depends on the applicable income threshold)
  • Federal income tax returns for the required prior years with attachments (W-2/1099/K-1, schedules)
  • Pay information/proof of earned income for the rule’s required period (commonly measured in months, not just “three months”)
  • Bank and many financial account statements for the rule’s required period (often 12 months for many accounts)
  • Credit card/charge account statements for the required period (can be up to 24 months)
  • Retirement/profit-sharing statements for the required period (often 12 months)
  • Loan applications/financial statements/credit reports prepared within the lookback period (commonly 24 months)

If your spouse doesn’t serve their petition until day 30, the responding party gets at least 12 days to pull everything together. The court recognizes respondents need a fair opportunity to obtain documents.

If you need more time, you can ask for an extension. Judges sometimes grant it if you have a solid reason for the delay.

Once you exchange documents, file a certificate of compliance with the court. That form shows you met the Rule 12.285 requirements.

Rule 12.285 Mandatory Disclosure Checklist (What To Gather, In What Date Ranges)

You’ll need to dig up specific financial documents for mandatory disclosure under Rule 12.285. This rule requires you to lay out your entire financial picture to your spouse.

Tax Returns (Required Prior Years)

  • Federal income tax returns for the required prior years with attachments (W-2/1099/K-1, schedules)

Income Proof (Required Period)

  • Pay stubs or other proof of earned income for the rule’s required period
  • If children/support is at issue: child support guideline worksheet as applicable

Assets (Statements for the Required Period)

  • Bank account statements (often 12 months for many accounts)
  • Investment/brokerage/CD statements (often 12 months)
  • Retirement/profit-sharing statements (often 12 months)

Debts (Statements/Records for the Required Period)

  • Credit card/charge account statements (can be up to 24 months)
  • Loan/mortgage statements and current balances
  • Loan applications/financial statements/credit reports prepared within the lookback period (commonly 24 months)

Property + Agreements (As Applicable)

  • Deeds/titles for real estate and vehicles (as applicable)
  • Prenuptial/postnuptial agreements (if any)

Proof of Compliance

  • Certificate of Compliance (Form 12.932) after service of your disclosure packet

You need to provide these financial disclosures within 45 days of your spouse filing the divorce petition.

Carolann Mazza, P.A., can help you build a Rule 12.285 disclosure packet, avoid omissions, and stay settlement-ready. Schedule an appointment.

If you’re ready to get started, call us now!

Florida Financial Affidavits Made Simple (Short Vs Long Form, And When Affidavits Can Stay Private)

Florida courts require different financial affidavit forms based on your income. In some situations, you can request that your financial information remain private.

When To Use Form 12.902(k) (And What It Does—And Does Not Do)

You’ve got to file a family law financial affidavit in Florida whenever your case involves financial issues. Which form do you use? That depends on your yearly income.

If you earn less than $50,000 a year, complete the short form. If your gross income hits $50,000 or more, you’re stuck with the long form financial affidavit.

The long form digs deep into your finances. You’ll list every source of income, monthly expenses (think health insurance, dental, the works), assets, and debts.

If you juggle more than one job, tack on a separate sheet for each position. That part’s non-negotiable.

Form 12.902(k) is a different animal. It’s for people who want to keep their financial affidavit confidential. Maybe you have privacy or safety concerns, or something sensitive that shouldn’t be public record.

But here’s the thing: asking for confidentiality doesn’t let you skip your financial affidavit. You still have to complete and serve it on the other party and the court.

Form 12.902(k) just asks the judge to keep your documents out of public view. That’s it—no magic loopholes.

What You File With The Court Vs What You Only Exchange With Your Spouse (So You Don’t Overshare)

In Florida divorces, you don’t file your actual financial documents with the court. Instead, you swap bank statements, tax returns, and pay stubs directly with your spouse.

Then you file a certificate of compliance to prove you did the exchange. It’s a bit awkward, but it protects your privacy.

Certificate Of Compliance (Form 12.932): How To Complete It So It’s Audit-Proof

Form 12.932 is the certificate you file after exchanging financial documents. This one-page form tells the judge you followed Florida’s mandatory disclosure rules—but you don’t attach your private paperwork.

You sign the form under oath. Don’t forget to include the date you served your financial documents.

List each category you provided: tax returns, bank statements, pay stubs, the usual suspects.

Key info to include:

  • Date you served your disclosure packet on the other party
  • How you served it (method of service)
  • Confirmation that the required categories were provided (or note items not available)
  • Your signed certification (per the form’s signature requirements)

Never attach your actual financial documents to the certificate. The clerk will kick it back if you do. Keep copies of everything you shared, just in case the judge wants them later.

The “Missing Documents” Problem (Top Reasons Rule 12.285 Packets Get Challenged Or Cause Delays)

People forget stuff—it happens all the time. Incomplete financial packets are a huge reason Florida divorces drag on.

If you leave out required documents, your spouse’s lawyer will probably challenge your packet. That means the court steps in, and your case can stall for months.

Common Missing Items That Trigger Problems:

  • Tax returns for the required prior years with all schedules and attachments
  • Bank/financial account statements for the rule’s required period (often 12 months for many accounts)
  • Credit card/charge account statements for the required period (can be up to 24 months)
  • Retirement/profit-sharing statements for the required period (often 12 months)
  • Pay stubs or other proof of income for the rule’s required period
  • Business records if a party has self-employment or business income (as applicable)

Missing documents mess with property division and equitable distribution. Judges need the whole picture to make fair decisions.

If you’re missing stuff, you might end up paying more. Your spouse can ask the court to force you to disclose, and that means more attorney fees and court time.

The judge could even make you pay your spouse’s legal bills if you keep dropping the ball. Some people skip documents to hide assets or income—bad idea.

Florida courts can punish you for hiding information. Be thorough and honest from the outset. Saves everyone a headache.

Double-check your packet before you file. Ensure all required documents are present and up to date. Ask your attorney to walk you through the checklist.

If Your Spouse Won’t Disclose In A Florida Divorce: Practical Next Steps Before Things Turn Into A Court Fight

If your spouse refuses to hand over financial documents, you’ve got options. Courts take noncompliance seriously because financial transparency is required for fair rulings on child support, alimony, and property division.

When Courts Can Impose Sanctions For Discovery Noncompliance

If your spouse blows past the 45-day disclosure deadline, you can file a motion for sanctions. Judges have many ways to address this.

Common sanctions include:

  • Orders requiring compliance by a set date and limiting the use of late evidence
  • Attorney’s fees and costs related to noncompliance (when appropriate)
  • Other discovery sanctions permitted under the family law rules, especially after ignoring court orders

The court may award you spousal support if your spouse controls most of the assets. That way, you can actually pay your attorney while the case drags on.

If child support or temporary alimony is on the line, the court might just ignore claims from the party who won’t comply.

Save every email, text, and written request you send asking for documents. That kind of paper trail strengthens your motion for sanctions and demonstrates that you tried to resolve it without involving the judge.

Why Transparent Disclosure Makes Mediation And Collaborative Divorce Faster 

When you share complete financial information upfront, mediation and collaborative divorce processes move faster. You dodge delays caused by missing documents or disputes over hidden assets.

Time and Cost Benefits of Full Disclosure:

  • Fewer follow-up requests – Both sides negotiate using the same numbers.
  • Less formal discovery – Fewer motions about missing documents.
  • Lower professional costs – Less time spent chasing records and rebuilding financial histories.
  • More stable settlement talks – Fewer surprises that derail mediation or collaborative discussions.

Full financial disclosure builds trust between spouses during negotiations. When your spouse sees everything laid out, they’re way more likely to accept settlement offers.

If you hide assets or omit information, things get messy quickly. Your spouse will likely retain forensic accountants and push for formal discovery.

Those extra steps? They drag your case out for months and rack up thousands in extra fees.

Transparent financial disclosure sets the stage for fair negotiations that lead to equitable settlements. The judge can make a final decision based on real numbers, not guesswork.

You both know exactly what needs to be divided, so arguments don’t spiral, and decisions come quicker.

Most collaborative cases with full disclosure settle in about 4-6 months. But if there are financial disputes, expect it to drag on for a year or more—and legal bills can skyrocket.

Reduce conflict and delays by handling disclosure inside mediation, collaborative divorce, or unbundled support with CollaborativeNow’s Carolann Mazza, P.A.—Contact us.

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    Frequently Asked Questions 

    What is mandatory financial disclosure in a Florida divorce under Rule 12.285?

    Mandatory financial disclosure requires both spouses to exchange a sworn financial affidavit and specified financial documents, ensuring support and property decisions are based on verified figures, not assumptions—generally within a set deadline unless a Rule 12.285 exemption applies. 

    When does the 45-day disclosure deadline start in Florida divorce cases?

    The 45-day clock generally starts when the initial pleading is served on the respondent, not when you “start” the case or finish your affidavit. Temporary financial relief hearings may require faster, targeted disclosures under the same rule. 

    What documents are required for Rule 12.285 mandatory disclosure in Florida?

    Rule 12.285 typically requires tax returns (with attachments), proof of income, and statements for bank, retirement, investment, and debt accounts—often measured over 6-, 12-, or 24-month lookback periods, depending on the category and relief requested. 

    Should I file my financial documents with the court, or should I exchange them only with my spouse?

    In most cases, you exchange supporting documents directly with the other party and file a Certificate of Compliance (Form 12.932) to prove service. Courts typically do not require your full financial packet to be filed unless ordered. 

    Can we waive the requirement to file financial affidavits in a Florida divorce (Form 12.902(k))?

    In qualifying cases, both spouses may file Form 12.902(k) to waive the requirement to file financial affidavits with the court. You still must complete and exchange affidavits, retain copies, and the waiver applies only to the current filing. 

    What happens if someone doesn’t comply with Rule 12.285 mandatory disclosure?

    Noncompliance can trigger motions to compel, court-ordered deadlines, fee awards, and other discovery sanctions. It can also slow down mediation and hearings and undermine credibility, especially when financial issues such as child support, alimony, or property division are disputed. 

    Can we extend the time to complete mandatory disclosure in Florida?

    Yes. The rule permits extensions by agreement of the parties, and courts may also extend deadlines for good cause. Put extensions in writing, calendar the new due date, and confirm what must be produced for any upcoming hearings.