Mandatory Disclosure in Divorce

Massachusetts requires mandatory disclosure of certain documents during your divorce.  The good news of course is that there is at least one area of your divorce that shouldn’t be a fight!  (Though sadly, even though required there is still sometimes a battle.)  Massachusetts Supplemental Probate Rule 410 requires the following documents to be exchanged within 45 days of being served the summons:

1. The parties’ federal and state income tax returns and schedules for the past three (3) years;
2. Statements for the past three (3) years for all bank accounts;
3. The four (4) most recent pay stubs from each employer for whom the party worked;
4. Documentation regarding the cost and nature of available health insurance coverage;
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;
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 for divorce;
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 for divorce.

Prepare Mandatory Disclosure Documents in Advance; Save Time and Money

If you haven’t filed for divorce — or if you have just been served — you know what documents are going to be required so begin gathering these documents in advance.  (Don’t worry if you didn’t file first for divorce, you will still be heard.)  You save time by gathering these mandatory documents in advance because you are prepared; most people are scrambling at the last minute.  If you haven’t filed for divorce, this means that when you find the right attorney you will have all the mandatory documents when you are ready to hire her or him and get the process started.  Even if you have just been served and you are reading this, in addition to finding an attorney you might as well start collecting these mandatory divorce documents because I can assure you that your attorney will ask for them right away.  And any time during a divorce you are saving time you are also saving money because your attorney isn’t having to bill you for tracking you down with letters or by having to take the time themselves by going through banks, brokerages, etc. on your behalf.