If you are involved in a contested divorce in Utah, you are required to provide the other party with a financial declaration and initial disclosures. This is governed by Rule 26.1 of the Utah Rules of Civil Procedure and everyone in this situation must give a full and accurate disclosure of their financial situation. The financial declaration is a specific court approved form detailing all of your income, assets, debts, and expenses. The form should be filled out completely. In addition, you must provide financial records proving the details of your financial declaration. The required records are as follows:
- Statements verifying amounts of everything listed in your financial declaration.
- Complete tax returns for the previous two years.
- The last 12 months of pay statements.
- All loan applications or financial statements prepared in the past 12 months.
- Documents verifying real estate.
- All bank and investment statements for the previous 3 months.
Failure to provide your financial declaration and the above mentioned supporting documents, can result in a negative ruling by the judge on financial matters and other possibly other negative consequences.
Deadline for the Financial Declaration
If you are the Petitioner in the divorce, meaning if you are the one who filed the divorce, your complete financial declaration is due within 14 days after the Respondent files his/her answer to your divorce petition. The Respondent’s financial declaration is then due 28 days after the answer is filed. Do not miss your deadlines with regards to these disclosures. So what happens if the other party is refusing to provide you with their financial declaration or any other required information? You can file a motion to compel this information and ask the judge to hold the other party in contempt and issue sanctions and attorney fees (if you are represented by counsel) against them.
Help with the Financial Declaration and Disclosures
If you are not represented by an attorney and need help with your financial declaration or initial disclosures, call our office anytime to speak with a St. George Divorce Lawyer. The rules can be difficult to understand so it certainly helps to have an experienced attorney on your side walking you through the steps of providing the other party with the required financial declaration. Also, because the financial declaration can have such a huge impact on the financial issues in your case, you really should at a minimum review it with with a lawyer.