Florida
going through a divorce, doing it pro-se. Asked wifes attorney for some mandatory disclosure documents that I have not rec'd and got an unnacepatable response.
Do I respond or Ignore or send to the bar/judge?
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From: XXXX
Sent: Friday, August 14, 2015 11:00 AM
To: XXX
Subject: Re: Marital Settlement Agreement
Mr. XXX
Please feel free to schedule a hearing at your convenience. Frankly, your emails alone will be enough to show the court that your current mental state does not support your request for equal timesharing. In addition, your request for admissions is ridiculous. Instead of playing attorney why don't you have the licensed attorney feeding you this material call our firm so we can deal with an objective, reasonable sane person. If you want a trial, I assure you this firm is fully prepared to move forward. In addition, your continual threats to your wife evidence your irrational mental state. Should you continue this conduct, I shall file a request for a psychological evaluation.
Govern Yourself Accordingly.
XXX
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original Email
On Thu, Aug 13, 2015 at 3:33 PM, XXX wrote:
Good Day Mayra in reference to XXX
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
If you could please advise when you will have the requested documents below and if you will be emailing them to me or if I should arrange to pick them up.
Financial Affidavit
Request for Production
Please let me know by end of business tomorrow as to when you will have these document ready. Should I not hear from you, I will schedule a hearing and work with your office on coordination of your availability.
The requirement that financial affidavits are mandatory in dissolution actions is well entrenched in Florida law.1 Prior to enactment of the Florida Family Law Rules of Procedure in 1996, Fla. R. Civ. P. 1.611 provided that each party seeking child support, alimony, or modification thereof, an equitable distribution of assets or debts; or attorneys’ fees, suit money, or court costs, was required to serve on all parties a financial affidavit in substantial conformity with Rule 1.611(a).2 Rule 6.11 was deleted and relocated to the Florida Family Rules of Procedure November 22, 1995, effective January 1, 1996.3 The requirements regarding the need for financial affidavits are now found in two separate sections of the rules. Rule 12.105 states that in simplified dissolution procedures: “The parties must each file a financial affidavit (Family Law Form 12.901(d) or 12.901(e)) and a marital settlement agreement (Family Law Form 12.901(h)(3)).4 In all other dissolution actions, Rule 12.285, subsection(d), sets forth the mandatory disclosure requirements for initial or supplemental proceedings and provides that the filing of a financial affidavit is a “requirement” that “cannot be waived by the parties.”5 Similarly, subsection (c)(1) of Rule 12.285 provides that the financial affidavit requirement “cannot be waived by the parties” in proceedings for temporary financial relief.6 Rule 12.285 specifically excludes simplified dissolution proceedings and uncontested dissolutions from its requirements
Thank You
going through a divorce, doing it pro-se. Asked wifes attorney for some mandatory disclosure documents that I have not rec'd and got an unnacepatable response.
Do I respond or Ignore or send to the bar/judge?
////////////////////////////////////////////////////////////
From: XXXX
Sent: Friday, August 14, 2015 11:00 AM
To: XXX
Subject: Re: Marital Settlement Agreement
Mr. XXX
Please feel free to schedule a hearing at your convenience. Frankly, your emails alone will be enough to show the court that your current mental state does not support your request for equal timesharing. In addition, your request for admissions is ridiculous. Instead of playing attorney why don't you have the licensed attorney feeding you this material call our firm so we can deal with an objective, reasonable sane person. If you want a trial, I assure you this firm is fully prepared to move forward. In addition, your continual threats to your wife evidence your irrational mental state. Should you continue this conduct, I shall file a request for a psychological evaluation.
Govern Yourself Accordingly.
XXX
//////////////////////////////////////////////////////////////////////
original Email
On Thu, Aug 13, 2015 at 3:33 PM, XXX wrote:
Good Day Mayra in reference to XXX
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
If you could please advise when you will have the requested documents below and if you will be emailing them to me or if I should arrange to pick them up.
Financial Affidavit
Request for Production
Please let me know by end of business tomorrow as to when you will have these document ready. Should I not hear from you, I will schedule a hearing and work with your office on coordination of your availability.
The requirement that financial affidavits are mandatory in dissolution actions is well entrenched in Florida law.1 Prior to enactment of the Florida Family Law Rules of Procedure in 1996, Fla. R. Civ. P. 1.611 provided that each party seeking child support, alimony, or modification thereof, an equitable distribution of assets or debts; or attorneys’ fees, suit money, or court costs, was required to serve on all parties a financial affidavit in substantial conformity with Rule 1.611(a).2 Rule 6.11 was deleted and relocated to the Florida Family Rules of Procedure November 22, 1995, effective January 1, 1996.3 The requirements regarding the need for financial affidavits are now found in two separate sections of the rules. Rule 12.105 states that in simplified dissolution procedures: “The parties must each file a financial affidavit (Family Law Form 12.901(d) or 12.901(e)) and a marital settlement agreement (Family Law Form 12.901(h)(3)).4 In all other dissolution actions, Rule 12.285, subsection(d), sets forth the mandatory disclosure requirements for initial or supplemental proceedings and provides that the filing of a financial affidavit is a “requirement” that “cannot be waived by the parties.”5 Similarly, subsection (c)(1) of Rule 12.285 provides that the financial affidavit requirement “cannot be waived by the parties” in proceedings for temporary financial relief.6 Rule 12.285 specifically excludes simplified dissolution proceedings and uncontested dissolutions from its requirements
Thank You
