Domestic Relations Disclosures: Do I Really Need to Disclose That?

In many legal cases, disclosures are required. These are required by the Utah Rules of Civil Procedures and, therefore, not optional when filing a case with the courts. These disclosures provide the courts and the opposing party with the evidence to support any and all claims made in your case. In a divorce case, these disclosures create a full picture of the parties’ finances during the course of their marriage. Without disclosures, everything would be he-said/she-said, which we — and the courts — want to avoid.

In family law — cases such as divorce, temporary separation, separate maintenance, parentage, child custody, child support, and modification of a domestic relations order — where a Financial Declaration is mandatory, both parties are required to disclose the following documents:

• PERSONAL INCOME: Pay stubs for the preceding three months.
• INCOME TAX RECORDS: Personal, corporate, partnership, joint ventures, or income tax return (state and federal), W-2, 1099, and K-1 forms, along with all schedules, supplements, and attachments.
• PERSONAL PROPERTY TAX RECORDS: Provide all real estate tax records for property acquired in this state or any other during the marriage.
• REAL PROPERTY DOCUMENTS: All deeds showing the property description, closing statements, tax bills, appraisals, mortgages, security agreements, leases, and other evidence (including monthly payments and present principal and interest balance) of any type of interest or ownership.
• PERSONAL PROPERTY: Prepare a personal property list of all personal property that you own (with approximate values), held either individually, jointly, as trustee or guardian, or through any other person or entity throughout the term of the marriage.
• VEHICLES: Provide the make, model, VIN number, and current value of all motor vehicles owned by you individually or jointly, including airplanes, automobiles, boats, or any other type of motor vehicle.
• BUSINESS INTERESTS & ASSETS: Provide all business employment partnership agreements indicating any kind of personal interest to which you may have been a party, and assets with approximate value relating thereto, during this marriage.
• OTHER ASSETS: Provide documents showing any other asset not previously disclosed (i.e. frequent flyer miles, private memberships, etc.).
• BANK INFORMATION: For the past year, provide all monthly bank statements, check stubs or registers, deposit slips, canceled checks, and bank charge notices on personal and business accounts, and certificates of deposit for all bank accounts for the last year from each and every bank account, whether personal or business, whether checking, saving, or money market.
• STOCKS, BONDS, AND MUTUAL FUNDS: Provide certificates held individually, jointly, or as a trustee or guardian, of any and all stock, and/or stock options owned during the marriage, as well as approximate values, if known.
• DEBTS: Provide current credit card statements and monthly statements for any and all other debt for which you have a present balance or for which you claim your spouse should assist in paying (i.e. RC Willey/home furnishing, student loans, car payments, credit cards, etc.).
• LIFE INSURANCE: Provide certificates of life insurance currently insuring your life or the life of any other person in which you are a primary or contingent beneficiary, showing face value of the policy and any cash value in said policy.
• RETIREMENT: Provide current statements of any and all retirement accounts, pensions, profit sharing funds, deferred compensation funds, or other kinds of plans owned by you or any corporation in which you are or have been a participant during the marriage (i.e. 401(k), pension, 403(b), etc.).
• Timeline: It is helpful to have a timeline of important events that occurred during the marriage, asset accumulation or disposal, leading to the separation, and thereafter.
• CUSTODY/VISITATION: If minor children are a subject of the divorce action, provide a summary of your preferred custody and parent-time schedule, along with any concerns you have in that regard.

If either party refuses or fails to disclose information about an asset, the non-disclosing party could be awarded the entire asset as a consequence of the other party’s failure to disclose the information. Alternatively, the court could award attorney fees or other remedies it deems appropriate.

When required to provide disclosures, it is best practice to disclose EVERYTHING to your attorney. This may feel invasive, but it is meant to give your attorney all the information they need to properly advocate for you and to get you the best outcome possible.

If you are facing a family law issue, our Utah attorneys at Pearson Butler are here to help. We know how to develop a winning case strategy, tailoring our approach to each client’s situation. To get in touch with an experienced Utah attorney, call (800) 265-2314 or contact Pearson Butler online.