Mandatory Disclosures in Divorce and Child Disputes in Colorado

Domestic Relations, or Family Law cases, in Colorado can take several forms. Dissolution of Marriage is an original divorce proceeding. Allocation of Parental Responsibilities (or “APR”) is how unmarried co-parents obtain court orders regarding their children. Modifications of child support, parenting time, decision making and other matters can be filed after a completed Dissolution or APR matter. These “post decree” actions also require the mandatory disclosures required in original Dissolution or APR actions.

Mandatory disclosure is a Colorado family law term referring to the production of a financial affidavit and financial documents required pursuant to Colorado Rules of Civil Procedure Rule 16.2. This rule applies to all initial and post decree family law actions like divorce, allocation of parental responsibilities (custody for never married co-parents), and all later modification actions. A financial affidavit must always be filed in cases to which the rule applies, and a child support worksheet is also required in cases involving children and child support.

Each party must gather and disclose to the other party the documents required by the mandatory disclosure rule and provide a certificate of compliance with the mandatory disclosure rule representing to the court what types of documents they have provided to the other party. Mandatory disclosure documents include pay stubs, tax returns, credit card statements, bank account statement, deeds, promissory notes, self employment/business documents and similar financial documents.

In an original or post decree matter the rule requires that mandatory disclosure be completed within 42 days of service of the initial pleading unless there is an objection to the disclosure, agreement of the parties to a later deadline or an order of the court extending this deadline.

The parties have a continuing duty to update their financial affidavit and documents whenever there is a material change in their financial circumstances.

If you have questions about your family case or the requirements of mandatory disclosure contact the experienced attorneys at Coaty and Woods, P.C. who can help you through this extremely difficult and emotional time in your life.