My boyfriend's soon to be ex-wife has filed only a Sworn Financial Affidavit. And she did not send any information to my boyfriend. She stated she had sent all the Mandatory Financial Disclosures to the courts. The only reason we know this is because we went to the court house and asked for copies. We also know that she is not all together honest on her financial affidavit. She neglected to mention her second job and her inheritance from her Grandmother. She has not filed the separation agreement as of yet, so we still do not know what she is wanting. All this paperwork was to be done by March 26, 2012.
Both sides have a duty to provide financial disclosures to each other. You file the Sworn Financial Statement with the court and you are expected to exchange information including 3 years of tax returns, pay stubs, bank statements, debt statements, etc. (the Rule 16.2 disclosures), but you do not file these with the court. If she is not disclosing everything, you can object to her disclosures and state what you think she is omitting. You also can serve her with a request for production of documents and interrogatories to get additional (that is, longer term) disclosures, and ask for things like 3 years of bank statements, credit card statements, etc. An inheritance could effect maintenance/alimony if she is asking for it, but as far as division of property goes, your boyfriend would only be entitled to the increase in value in the inheritance during the marriage. Also, you don't file separation agreement - that is an agreement the parties negotiate. In her petition, she will state if she wants division of property, maintenance, etc. Without lawyers, you need to ask her what she wants or you may not know until you show up in court. A lawyer can be very helpful where there are disclosure and property issues as there are here. These are complicated legal issues. Hope this helps.
You can reach Dave Rich at (303) 886-2516 or [email protected] Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
1. As to the timeliness of her filing, while courts have deadlines, they do not always have the staff to strictly enforce them.
2. As to whether she failed to send things to you, and then failed to tell the Court about that, checkthe paperwork she filed with the Court. Did she lie about sending them to you? You may not get the most mileage out of this as you could, but Judges like to know who they can trust and a lie is a lie.
3. You should get a lawyer, or a private investigator to prove her second job, and you should have your lawyer send subponeas and other discovery means out to her and her bank to reveal the inheritance.
As to the last point, get a lawyer; if there is money, and a dishonest ex-to-be, then don't do it yourself. If your boyfriend had a broken leg, I doubt that you would set it at home with some boards and a bottle of whiskey. A lawyer could also get you involved in some early mediation, which could iron out the issues with the separation agreement quickly (saving everyone some money).
This is general, educational advice, and no legal relationship is created by sharing.
The short Answer to your question is: Yes. You are required to provide all the disclosures per Rule 16.2 of the Rules of Civil Procedure. However, your question is a little strange i that regard. You are required to file everything state din the Rule, even if she does not.
The Sworn Financial is only one of the documents, and there should be supporting documents, i.e., paystubs, bank statements, credit card bills, mortgage statements, leases, etc.
Do not wait for her to file what you believe she has missed, instead, file those documents which you are required to file. At a later date, you can inform the Court that you have not received the items she claims to have sent. In the interim, yo can send out Pattern Interrogatories and Request for Production of Documents to get the some of the items yo uare looking for.
You should not construe this as legal advise. It is general information based upon the small amount of information contained in the queery. As always, you should consult with your own attorney.
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