The sworn financial statement needs to be provided to the other party (or attorney, if any), and filed with the Court. “A party shall, without a formal discovery request, provide… a completed Sworn Financial Statement and (if applicable) Supporting Schedules… within 42 days after service of a petition or a post decree motion involving financial issues.” C.R.C.P. The Colorado Rules of Civil Procedure provide: For the sake of simplicity, references to the Sworn Financial Statement in this article mean both the main questionnaire and the supporting asset schedules. This statement is both filed with the court, as well as provided to the other party. The starting point for the mandatory financial disclosures in Colorado is the Sworn Financial Statement, a multi-page form where each party is required to list his/her income, expenses, assets and debts.
The court requires that, in the discharge of this duty, a party must affirmatively disclose all information that is material and relevant to the resolution of the case without awaiting inquiry from the other party.”Ĭ.R.C.P.
#FORMS TO GO WITH A SWORN STATEMENT FULL#
“Parties to domestic relations cases owe each other and the court a duty of full and honest disclosure of all facts that materially affect their rights and interests and those of the children involved in the case. The Colorado Rules of Civil Procedure make clear that there can be no “hiding the ball”, or the gamesmanship people may think exists in other types of cases, and a spouse has to disclose relevant information even if the other spouse did not think to ask for it: In short, that hidden credit card you kept from your spouse must be disclosed, along with that secret “rainy day fund” you’ve been saving.ĭivorcing spouses owe each other a special duty: “Family members stand in a special relationship to one another and to the court system.” C.R.C.P. While spouses may have money secrets during marriage, in the dissolution of marriage process both are required to disclose all assets and debts. In Depth - Sworn Financial Statement & Disclosures LEARN MORE with the following in-depth discussion of the sworn financial statement and accompanying mandatory financial disclosures. And failure to do so will delay the case as the court cannot enter orders without them. Providing disclosures is mandatory, even if the parties have agreed to everything. Assets (accounts, property, vehicles, insurance policies, etc)Īdditionally, when providing the sworn financial statement, each party is required to provide exhaustive financial disclosures.The Sworn Financial Statement and supporting asset schedules are a comprehensive itemization of the following: Without even waiting for a request, within 42 days of service of a petition for dissolution or a post-decree motion affecting financial matters, each spouse is required to provide a sworn financial statement and accompanying financial disclosures, and as a follow-up, either of them can seek additional discovery. There is no playing “hide the ball” in a Colorado dissolution of marriage proceeding each party’s financial lives are effectively open books to the other.
Overview - Sworn Financial Statement & Disclosures
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