"Putting All of Your Cards On The Table"

All any divorce attorney can truthfully commit to you is to get you the best resolution possible. It’s important to note the words “best” and “possible”; what is “possible” may not be perfect or ideal in your world. It is about getting the best that you can under the unique circumstances you are in. Some of those circumstances are within your control; but most are not. One area you can control is how you wish that your dispute to be resolved. If you wish to stay out of court, it cannot be emphasized how important it is to be financially transparent.

In family law matters, particularly in divorce matters, disclosure requirements will need to be followed. By not cutting corners and staying in concurrence with the law, you will save money.

Here is a guide  to save time, money, and receive the best resolution possible by being financially transparent:

• Familiarize yourself with the rules of Family Law and disclosure requirements. ASK YOUR ATTORNEY IF NECESSARY
• At all times, a divorcing spouse must remember that he/she has the affirmative duty to disclose material information and documents. The duty to disclose arises even if the other party has not requested disclosure.
• Each spouse should carefully read the Standard Restraining Orders that are on the back of the Family Law Summons. Among other things, these orders restrain both spouses from disposing, transferring, borrowing against or liquidating any community property or separate property asset.
• Where appropriate, a spouse should make copies of all documents that have any bearing on assets and income. This includes bank statements, canceled checks, credit card statements, tax returns (personal and business), deeds, titles, escrow documents, w-2 forms, 1099 forms, and payroll check stubs.
• If either spouse is entitled to receive child support or spousal support from the other, any increase in income must be reported to the other spouse.
• Whenever an event or development that might impact an asset or debt occurs, it must be disclosed to the other spouse. No event is too small to disclose. The following is a list of the types of disclosures that are commonly seen in family law cases. Because the types of disclosures that are required are limitless, it is impossible to list every occurrence that triggers a disclosure.

The days of “hide-the-ball” divorce litigation, where one or both of the spouses would conceal important information and documents from the other spouse, are clearly a thing of the past. Now, each spouse must actively engage in complete and ongoing disclosures at all times.   Successful resolution can only happen when this is achieved.

As trusted legal counsel, we make it our mission to ensure that our clients comply with their fiduciary duties in every way. Moreover, where the other party appears not to take the fiduciary disclosure rules seriously, we take steps to obtain either that party’s full cooperation or the court’s imposition of sanctions.