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Mandatory Disclosure in Divorce

In Massachusetts, when a party files for Divorce, Massachusetts Rules of Domestic Relations Procedure, Supplemental Rule 410, Mandatory Self Disclosure, requires that certain documentation be disclosed to the other party within 45 days of service of the summons for a divorce proceeding. The parties may agree otherwise or the court may order a disclosure or non-disclosure.

The documentation that must be disclosed is as follows:

(1) The parties’ federal and state income tax returns and schedules for the past three (3) years and any non- public, limited partnership and privately held corporate returns for any entity in which either party has an interest together with all supporting documentation for tax returns, including but not limited to W-2’s, 1099’s 1098’s, K- 1, Schedule C and Schedule E.

(2) The four (4) most recent pay stubs from each employer for whom the party worked.

(3) Documentation regarding the cost and nature of available health insurance coverage.

(4) Statements for the past three (3) years for all bank accounts held in the name of either party individually or jointly, or in the name of another person for the benefit of either party, or held by either party for the benefit of the parties’ minor child(ren).

(5) Statements for the past three (3) years for any securities, stocks, bonds, notes or obligations, certificates of deposit owned or held by either party or held by either party for the benefit of the parties’ minor child(ren), 401K statements, IRA statements, and pension plan statements for all accounts listed on the 401 financial statement.

(6) Copies of any loan or mortgage applications made, prepared or submitted by either party within the last three (3) years prior to the filing of the complaint.

(7) Copies of any financial statement and/or statement of assets and liabilities prepared by either party within the last three (3) years prior to the filing of the complaint.

Often, parties file taxes jointly or have joint bank accounts, as such, they agree to the non-disclosure of said documents as they are readily available to both parties. 

The divorce process can often be overwhelming, especially with regard to all the documents that have to be tracked down and exchanged, that is why seeking advice form experienced litigators, such as David Gabriel & Associates is invaluable. Call 978-998-6830 for a free consultation with one our attorneys.

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