Posts Tagged ‘Rule 410’

Massachusetts Rules of Domestic Relations Procedure, Supplemental Rule 410, Mandatory Self Disclosure, details the documentation which must be disclosed within 45 days of service of the summons for a divorce proceeding, unless otherwise agreed by the parties thereto or ordered by the court.

Rule 410 details decrees that the following must be disclosed:

1) Both parties’ federal and state income tax returns and schedules for the past three (3) years, plus any non-public, limited partnership and privately held corporate returns for any entity in which either party has an interest. These must be disclosed together with all supporting documentation for tax returns, including but not limited to W-2’s, 1099’s, 1098’s, K-1, Schedule C and Schedule E.

2) All bank account statements for the past three (3) years, including those held in the name of either party, whether individually or jointly; those held in the name of another person for the benefit of either party; or those held by either party for the benefit of the parties’ minor children.

3) The four (4) most recent pay stubs from each employer for whom either 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 or held by either party for the benefit of the parties’ minor children, 401K statements, IRA statements, and pension plan statement for all accounts listed on the 401 financial statement.

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.

Additionally, during the progress of the case, both parties shall supplement all disclosures as material changes occur, such as increase or decrease in value of securities, bank accounts, or other financial instruments. Neither party shall be permitted to file any discovery motions prior to making the initial disclosure as described herein.

Unavailability of Documents: In the event that either party does not have any of the documents required by Rule 410 or has not been able to obtain them in a timely fashion, he or she shall state in writing, under the penalties of perjury, the specific documents which are not available, the reasons the documents are not available, and what efforts have been made to obtain the documents. As more information becomes available there is a continuing duty to supplement throughout the duration of the case.

The information contained in this blog is for educational purposes only and is not legal advice. The use of this Blog does not create an attorney/client relationship between you and the Law Offices of Barry R. Lewis. If you are considering divorce or if you are involved in any legal matter, you should hire an attorney.

Massachusetts Divorce and Family Law
Attorney Barry R. Lewis — Divorce Law Specialist
Locations Throughout Eastern & Central Massachusetts :: 508-879-3262