Divorce: Financial Disclosure

Divorce disclosure of assets

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During divorce, it is important to obtain evidence from the other party that you intend to use in court. Disclosure refers to the process where each of the parties in the divorce (e.g., husband, wife) must provide (disclose) that evidence they intent to use, to the other party. This includes evidence that is relevant to the requesting parties case and information that may leave to discovering other relevant evidence.

The process of disclosure is not always simple and straightforward. For instance, a court can require that certain disclosures are made during the initial stages of the divorce, but can also place limitations on requests for certain disclosures that are not requested with good intent…but more to cause delays in the divorce process or simply to create a burden for the non-requesting party.

Disclosure Process

Depending on the state in which you file for divorce, you may be required to disclose specific information in the court documents. These disclosures are often intended to provide a general idea of property, assets, debts, and finances. This information, in turn, provides the court with information they will need to address such aspects as child support and how property, assets, and debts will be distributed.

Some states require that parties disclose information about their finances. This may include such information as wages, retirement accounts, savings and investments as well as documentation such as bank records and deeds to property.

During the course of discovery, parties may experience disagreements about what evidence the other party has a right to. When this occurs, the non-requesting may ‘object’ to the request. There are legal reasons that must be used for objection, such as the request is not relevant to the divorce, is not available, or is subject to a privilege (i.e., Attorney-Client, Doctor-Patient, etc.). When an objection is made, the court will review the reason why the information was requested and then make a decision whether the request is valid or will be dismissed.

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