Mandatory Disclosures

Financial Disclosures

New Discovery Rules in Divorce Cases

Effective January 2013, there are new rules that apply for the financial disclosure form in complex divorces and front loaded discovery requirements for divorce cases in general. The new rules are available at the Nevada Supreme Court’s website.

Reading the new rules, we love the fact that you have to be diligent and prove your expenses and income. But, one cannot help but give pause to the difficulties that some clients will inevitably have in complying with all that is required up front. This includes:

  • 6 months of statements of documents for bank accounts, credit cards, loans/mortgages, and retirement accounts for the period prior to the service of the summons and complaint;
  • Real property documents, i.e. deeds, purchase agreements, etc.
  • Promissory notes and any money held in escrow or deposit that may be payable;
  • Any loan applications made in the prior 12 months;
  • All monthly or periodic statements for insurance and policies;
  • Evidence of any receivable;
  • Business tax returns for the prior 2 (fiscal) years;
  • 2 calendar years of income information available in W-2’s, 1099’s, K-1’s, and year-to-date, i.e. paycheck stubs, for the prior 6 months;
  • Any document that would assist in valuing real or personal property;
  • As list of all personal property worth more than $200.00.

While this list is a summary, it is more comprehensive than what you will need to prepare a tax return and could be extremely cumbersome for clients and their lawyers. Moreover, parties will have a duty to continue to supplement this initial buy proscar ireland up-front disclosure as the new information comes in (within 14 days of any change).

As a lawyer, the concern that arises here has to do with the work to produce this, and counsel not only reviewing the documents to see that they are responsive to the law, but also complete. This will be time consuming and will increase legal fees right out the box. In some cases, counsel can get clients to settle their case by telling them they will have to do this later, and if they want to avoid the hassle, settlement early is a way to do that. Indeed, for those cases that you think could be concluded quickly, preparing the personal property list alone could cause otherwise amicable couples to become entrenched in what items are worth, i.e. sparking a fight over what the tools and camping equipment is worth. The point – they end up fighting unnecessarily.

Despite these concerns, divorcing parties need to be aware and provide this information to their attorney or opposing party right away, since these disclosures are due at the same time as the General Financial Disclosure Form, which is 30 days after service of an answer. Indeed, a party that is thinking of filing may want to wait until they have gathered everything first, then file so everything is ready to disclose without issue.
The lawyers at SLP will be ready to respond – but will the clients?

Filling Out Financial Disclosure Forms in your Nevada Family Law Case

In most divorce and custody cases in Nevada, each party must file a document called a “Financial Disclosure Form.”  This can be a very important document in your case.

Nevada Rule of Civil Procedure 16.2 requires this form be filed and served no later than forty-five (45) days after the service of the summons and complaint in a divorce, annulment or separate maintenance action.  Unmarried parties filing a custody action where paternity is established need only file and serve the cover sheet, the “personal income schedule” and the “business income / expense schedule” portions of the form.  This Financial Disclosure Form must also be filed and served by the responding party with any response or answer to such action.  You must also be sure to update this document if there are any changes.

In helping our clients who are involved in family law matters fill out Financial Disclosure Forms, we have found the following check list helpful:

  1. Take the time to fill out the Financial Disclosure Form completely and to the best of your ability.
  2. Do not simply place an item in the separate property section because you think it should be your separate property.  Make sure you discuss with your attorney why you think it belongs under separate property versus community property.   Whether something is separate or community in nature is governed by specific Nevada law.
  3. The itemized buy proscar online australia expenses on the Personal Expense Schedule must be completed, even if you must write “not applicable” or “n/a.” When filling out expense section, look carefully at each sub-category, taking the time to fill in the applicable area.  In other words, when you arrive at a total on the right-hand side of the schedule, you should be able to show how you arrived at the total.  Similarly, the itemized expenses under all categories within the Financial Disclosure Form must be completed, even if you must write “not applicable” or “n/a.”
  4. Do not guess at your expenses or “throw out” numbers without knowledge.  You must be able to prove every single number/expense you are claiming in your Financial Disclosure Form.  In other words, if you do not possess a bill or bank statement proving the expense, or you are unable to obtain a document proving the expense, then you should think twice before you include it in your financial disclosure form.  Inform your attorney if there is any item you feel you must include as an expense, which you are unable to prove.
  5. Please obtain and maintain all of your records, which support or prove the sworn declarations you are making in your Financial Disclosure Form.  Please provide copies of all documents supporting your declarations/numbers/calculations at the same time you deliver your completed Financial Disclosure Form to your attorney.  If you represent yourself, be prepared to disclose all of the supporting information and provide this to the Court as required by Nevada’s discovery and evidence rules.

Finally, you should always be truthful.  When the form is signed and filed, you are certifying to the Court that you provided the information to the best of your knowledge after reasonable inquiry.  This form has important legal consequences, so, take the time to fill it out carefully and consider each of your answers.  A “fillable” Financial Disclosure Form is available in this website – www.familylawselfhelpcenter.org. While the instruction sheet on this website applies more specifically to Clark County, Nevada, you can nevertheless use the form itself in all applicable Nevada family law matters that require the form to be filed.

Melissa L. Exline

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