Divorce laws in all states maintain provisions dictating the manner in which parties in marriage dissolution proceedings share and exchange crucial information. These laws establish a right for divorcing spouses to obtain accurate and complete information about major issues, according to the American Bar Association Section of Family Law.
Function
Parties to divorce proceedings possess an absolute right to make informed and educated decisions regarding issues raised during the course of a case. Accomplishing this objective is possible only if both parties fully disclose material or significant information through the course of marriage dissolution proceedings.
Types
Primary types of disclosure that must be made during the course of divorce proceedings are those associated with finances and children. For example, comprehensive disclosure of information necessitates that a party disclose a desire to move out of state following the conclusion of the divorce case. Such a disclosure is necessary because it directly impacts issues surrounding both custody and financial matters.
Considerations
Most jurisdictions require parties to a divorce to prepare a financial affidavit as well as an affidavit of custody, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. In other words, courts require divorcing spouses to provide detailed information under oath. Parties sign these documents in front of a notary public and submit them to the judge. Providing false or incomplete information on these forms results in the possibility of significant sanctions being imposed by the court.
Misconceptions
A common misconception arising in divorce cases is that the provision of information, including disclosures on financial and custodial affidavits, is a mere formality. As a result, some individuals in divorce cases prepare disclosures in haste and without a great deal of thought. In reality, disclosures in divorce proceedings are fundamental elements and represent significant legal obligations of the parties.
Expert Assistance
Due to the serious nature of proper disclosures, as a matter of right, consider retaining professional legal advice and assistance. Indeed, divorce cases more generally represent legally complex proceedings. The American Bar Association maintains consumer resources to aid people like you in finding capable attorneys. These resources include contact information for state and local bar organizations, groups that can assist you in finding legal representation in your community.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
