Family Law
DISCLOSURES IN DIVORCE The Colorado Rules of Civil Procedure requires that each party to a domestic relations case within 40 days after service of the petition or motion exchange the following documents:
a) Financial Affidavit. Each party shall provide a complete and signed Financial Affidavit in the Supreme Court approved form.
(b) Income Tax Returns (Most Recent 3 Years). Provide the personal and business federal income tax returns for the three years before filing of the petition or post decree motion. The business returns shall be for any business for which a party has an interest entitling the party to a copy of such returns. Provide all schedules and attachments including W-2’s, 1099’s and K-1. If a return is not completed at the time of disclosure, provide the documents necessary to prepare the return including W-2’s, 1099’s and K-1’s, copies of extension requests and estimated tax payments.
(c) Personal Financial Statements (Last 3 Years). Provide all personal financial statements, statements of assets or liabilities, and credit and loan applications prepared during the last three years.
(d) Business Financial Statements (Last 3 Years). For every business for which a party has access to financial statements, provide the last three fiscal years’ financial statements, all year-to-date financial statements, and the same periodic financial statements for the prior year.
(e) Real Estate Documents. Provide the title documents and all documents stating value of all real property in which a party has a personal or business interest. This section shall not apply to post decree motions unless so ordered by the court.
(f) Personal Debt. Provide all documents creating debt, and the most recent debt statements showing the balance and payment terms.
(g) Investments. Provide most recent documents identifying each investment, and stating the current value.
(h) Employment benefits. Provide most recent documents identifying each employment benefit, and stating the current value.
(i) Retirement Plans. Provide most recent documents identifying each retirement plan, and stating the current value, and all Plan Summary Descriptions.
(j) Bank/Financial Institution Accounts. Provide most recent documents identifying each account at banks and other financial institutions, and stating the current value.
(k) Income Documentation. For each income source in the current and prior calendar year, including income from employment, investment, government programs, gifts, trust distributions, prizes, and income from every other source, provide pay stubs, a current income statement and the final income statement for the prior year. Each self-employed party shall provide a sworn statement of gross income, business expenses necessary to produce income, and net income for the three months before filing of the petition or post decree motion.
(l) Employment and Education-Related Child Care Documentation. Provide documents that show average monthly employment-related child care expense including child care expense related to parents’ education and job search.
(m) Insurance Documentation. Provide life, health and property insurance policies and current documents that show beneficiaries, coverage, cost including the portion payable to provide health insurance for children, and payment schedule.
(n) Extraordinary Children’s Expense Documentation. Provide documents that show average monthly expense for all recurring extraordinary children’s expenses.