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Rule 410 Mandatory Disclosures

When it comes to cases in Family and Probate Court, there can be a lot of paperwork involved. In order to facilitate the process, each party is automatically mandated to furnish copies of certain documents to the other party. This is known as Rule 410 Mandatory Disclosures.

Documents That Fall Under Rule 410 Mandatory Disclosures

For divorce cases, Rule 410 Mandatory Disclosure requires that copies of paperwork be submitted to the other party within 45 days from when the motion was first filed. The forms that fall under this rule are those that are normally required and evaluated in the divorce process.  Among them are:

  • 3 years of tax returns and supporting documentation.
  • 4 recent pay stubs from each employer.
  • Health insurance cost statements.
  • 3 years of bank statements for all accounts.
  • 3 years of statements for any other financial accounts (401k, IRS, stocks, bonds, cds, etc.).
  • Loan or mortgage applications from the past 3 years.
  • Any other financial statements or statements of assets and liabilities over the past 3 years.

If any paperwork is not available or cannot be found within the required timeframe, the responsible party must provide a detailed list of the missing items, the actions taken to obtain the paperwork, and the reasons why they have not been obtained.

Use of Rule 410 Mandatory Disclosures

Rule 410 Mandatory Disclosures is important for several reasons. First, it prevents the need for filing motions to request commonly needed information. This saves time and money for all parties. Secondly, it makes all parties fully aware of what information they are responsible for. Lastly, it ensures that the exchange of paperwork occurs within a reasonable timeframe so that it can be evaluated by the other party. This can lead to quicker divorce resolutions.

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Attorney John J. Martino offers a broad range of legal services in Eastern MA and Southern NH. As a highly dedicated and experienced professional, he handles cases under the following areas of practice:

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Family Law and Divorce

Real Estate Law

Probate Proceedings

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