Legal Question in Family Law in Florida
Financial dicovery papers in a divorce case
Dear Sir or Madam,
What happens in a divorce case
where someone turns in their
manatory financial discovery and
it is obvious that person doctored
up the papers?
1 Answer from Attorneys
Re: Financial discovery papers in a divorce case
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Swearing to and filing false documents is a criminal offense in Florida. If you can prove beyond a reasonable doubt that the other party did this, the court has many choices of sanctions including requiring the filing of a new and correct financial affidavit, the striking of the party's pleadings, and possible referral for criminal action (which is rarely done). In addition, the court can require the other party to pay your attorney's fees and costs for bringing a motion to resolve this issue.
Scott R. Jay, Esq.