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Filling out Sworn Financial Statement accurately.

Denver, CO |
Filed under: Divorce

My husband and I are filling out our Sworn Financial Statements. My husband is in the process of moving out, but hasn't yet. He knows how much his new place will cost, but is not living there yet. Right now we each pay half of the mortgage. Do we each list the half we are currently paying, or do we separate it with the anticipation of him living in the next few weeks?

Attorney Answers 3


I have answered this identical question. SFS is a snapshot of where things are now. If you wish to show where they will be in a month, you can do so, but be sure to note that on the SFS.

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You really need to both be consulting with attorneys at least on a piecemeal basis to assist you with the process. As a former family law district magistrate, although we have tried to simplify the process, it is still not a DIY project. Even those who practice family law who have gone through divorces hire other attorneys to represent us to give us objectivity. With your Sworn Financial Affidavit, you are to list your expenses, assets, debts, and payments as they are occurring at present - not in the past or in the future. Trying to save money now by not using an attorney will likely cost you an incredible amount of money and frustration down the road. Even attorneys who have represented themselves in their divorces have regret for doing so after the fact.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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While a Sworn Financial should be a snapshot of the current situation, if you are certain about a near-term change in circumstances, where you know all the variable, such as rent, cable etc., it's ok to draft the SFS that way. You should always do an updated SFS near the end of the case, too, so you're using the most current information at hearing or mediation.

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