DIVORCE DISCOVERY IN COLORADO
DIVORCE DISCOVERY IN COLORADO
|
 Legal Discovery
Process in Denver and ColoradoMANDATORY DISCLOSURES AND OTHER NUISANCES Rule 16.2 Discovery conducted in good faith can lead to a quick and rational conclusion to a divorce. Discovery abused can incite tempers and entrench the parties into bitter positions reconciled only after full blown litigation. There are two types
of discovery in divorce My philosophy is that I do not use discovery to harass or otherwise abuse. Discovery is too important. I have found that when opposing counsel propounds harassing discovery, they are so busy playing games, they often fail to take a good look at what you have provided, and therefore miss critical facts during negotiation or litigation. However I do not hesitate to file motions to compel or for protective orders when appropriate.
Here is a list of what the new rule says a party should “furnish the other party”: Financial Affidavit; Income Tax Returns (most recent 3 years); Personal Financial statements for last 3 years; business financial statements (last three years); Real Estate documents; Personal Debt; Investments; Employment Benefits; retirement plans; bank/financial institution accounts; income documentation; employment and education-related child care documentation; insurance documentation; extraordinary children's expense documentation; child support worksheet. Whew!!! That’s a lot compared to the old Rule 26.2 requirements which were: financial affidavit; tax returns; pay stubs for last three months (not required under current rule); three years W 2’S (not required under current rule); retirement plan information; business tax returns and statement of earnings if applicable. Also note that the Rule only requires a party to file the financial affidavit and child support worksheet with the court. That’s a hint to use common sense in preparing your disclosures, dear client. To provide everything that 16.2 (e) (7) sets out would be burdensome and expensive. Here is what your priorities should be: Financial Affidavit (do a good job on this, it is really a road map to the divorce); last one month’s pay stubs (note this is not even required now, I’m requiring it); three years tax returns; corporate tax returns (if applicable); retirement plan/pension plan/benefits summary sheets (i.e. don’t bother to copy your 200 page benefits manual for gosh sakes, just summary, bottom line, to-the-point statements). Summary sheets for investments. That should do it. Don’t worry about the child support worksheet. I’ll do that. Now what if the tax returns are more accessible to the other party? Hey, the other party should be providing copies of those returns to us, relax. Each divorce is different and the amount of disclosures that are demanded or provided can vary with the level of hostilities in the litigation. In any event do not bust a gut getting your disclosures together. You have the best sense of what is relevant. Do a reasonable and good faith job and leave it at that.
|
