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When Financial Statements Do Not Need Filing In Divorce

There are certain circumstances in which a Financial Statement need not be filed in a divorce or separate support action.  These are very limited circumstances.

First, if the Court orders on its own motion that a party, or both parties, do not need to file Financial Statements then such a party is relieved from the requirement.

Second, either party may file a motion with the trial court asserting that the other party did not file and serve his or her Financial Statement as required by Supplemental Rule 401 and therefore they should not have to file such a statement.  In these motions, the party seeking this relief may also file a motion for sanctions pursuant to Dom.Rel.P. Rule 37.

Finally, a party may file an affidavit asserting that the other party is unavailable and therefore compliance with Supplemental Rule 401 is precluded.

For more information about Financial Statements, contact our office today.

Our firm serves Boston as well as all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses.  We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.



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