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. This is exceptionally rare and we have never seen a court order this.
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 impossible.
For more information about Financial Statements, contact our office today.
We handle many cases in Middlesex County (courthouses are in Woburn and Lowell) and Norfolk County (Canton), as well as Essex County in Salem. We also handle matters 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. We have offices conveniently located in Needham, Boston, Hingham and New Bedford.