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Get Third Party Records for a Florida Divorce Case in 6 Steps
 
A guide for how to get records from third parties when you need them for a Florida divorce case.
 
Created by PamelaSWynn on 21 August 2008 10:16 am EDT.  Last edited by PamelaSWynn on 21 August 2008 10:16 am EDT
 

Florida divorces are being done more than ever by do-it-yourselfers. When both of you agree to all the terms, a do it yourself divorce can be relatively simply. When you don't agree on all the issues, you will need to gather proof for your case. The two most difficult areas in a Florida divorce are alimony and child support. Both of these areas require proof of your spouse's income. If your spouse is less than forthcoming about the amount of income he or she earns, you will have to subpoena records from other people or companies to prove your case.

Here are the 6 steps for records subpoenas:

  1. Send notice to the other side. You have to let the other side know that you plan to subpoena the records and give a chance for him/her to object.
  2. Prepare the subpoena. List the documents that you want to see, like paystubs, employee benefits policies, etc.
  3.  Have the subpoena issued by the Clerk of Court
  4. Observe the waiting period. This will be either 10 or 15 days, depending on how you delivered the notice.
  5. Prepare an affidavit for the Records Custodian so that the records can be admitted into evidence.
  6. Have the subpoena served (delivered by the sheriff) on the person or company from which you are requesting records.

Objections

If you receive an objection when you send the notice, you cannot use this procedure. You will have to set a deposition and hire a court reporter.

Subpoenas

Be sure to list the documents that you want the person or company to provide. If you want income information, you will want not only regular pay information, but also information about bonuses, commissions, employer-paid expenses and other irregular types of additional income. Employer-paid expenses count as income in Florida. Income from all sources is used to calculate both alimony and child support, so you want to have the total amount.

Records Custodian Affidavit

To be admissible at a trial, records must be "authenticated," which means to prove their source. To do this, you will prepare an affidavit for the Records Custodian of the company you've asked to provide records. In the affidavit, the records custodian swears or affirms that the records are correct copies of those maintained by the company. If you do not prepare an affidavit for the records custodian, you will have to subpoena the records and the Records Custodian to come to the trial to testify about the records' authenticity. Send the affidavit with the subpoena.

Representing yourself in a Florida divorce case can be done, if you know where to go to get the answers to your questions. http://diydivorcefl.com/ offers free legal education about Florida divorce.

 

 

 
 
 
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