Narrative Opinion Summary
The Florida Bar’s Family Law Rules Committee has proposed amendments to the Florida Family Law Rules of Procedure following changes to legislation enacted in 2008. These amendments, unanimously approved by the Executive Committee of the Florida Bar Board of Governors, aim to harmonize the family law rules with new statutory requirements, particularly addressing claims for unequal distribution of marital property as outlined in section 61.075 of the Florida Statutes. The amendments affect rules concerning mandatory disclosure and the use of standard family law interrogatories, ensuring that claims of special equity or appreciation of nonmarital property are adequately addressed in financial proceedings. Additionally, the amendments specify procedures for completing and using family law forms, including the requirement for nonlawyers to disclose their assistance. The rule changes take immediate effect, with a sixty-day period provided for public comment. During this period, interested parties may submit comments and requests for oral argument. The amendments also establish guidelines for the exchange of financial documents and compliance notifications in family law cases, thereby streamlining the procedural requirements for dissolution of marriage proceedings.
Legal Issues Addressed
Amendments to the Florida Family Law Rules of Proceduresubscribe to see similar legal issues
Application: The amendments align existing rules and forms with new legislation, specifically addressing claims for unequal distribution of marital property.
Reasoning: The proposed amendments aim to align existing rules and forms with new legislation, specifically adding a new subsection to section 61.075 of the Florida Statutes, which abolishes claims formerly known as special equity.
Mandatory Disclosure in Family Law Proceedingssubscribe to see similar legal issues
Application: The amendments establish specific requirements for document disclosure related to claims of special equity or nonmarital status in financial proceedings.
Reasoning: The rule changes include specific requirements for document disclosure related to claims of special equity or nonmarital status in financial proceedings.
Nonlawyer Assistance in Form Completionsubscribe to see similar legal issues
Application: Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer and include their contact information on the forms.
Reasoning: Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information at the end of the forms they help complete.
Procedures for Mandatory Disclosure Compliancesubscribe to see similar legal issues
Application: Parties must notify the court and the other party of compliance with mandatory disclosure requirements via the Certificate of Compliance.
Reasoning: Use the Certificate of Compliance with Mandatory Disclosure form (Form 12.932) to notify the court and the other party of compliance with the mandatory disclosure requirements, which mandate sharing financial information and documents within 45 days of serving the petition for dissolution of marriage, excluding simplified cases and those with unresponsive respondents.
Use of Standard Family Law Interrogatoriessubscribe to see similar legal issues
Application: Interrogatories must relate to the case and can only be issued after a petition is filed, with procedural instructions provided for their use.
Reasoning: The instructions for using form 12.930(b) clarify that interrogatories must relate to the case and can only be issued after a petition is filed.