Item #3 of the automatic orders requires that within thirty days of the return date each of the parties in a divorce fill out a financial affidavit which lists income, expenses, assets and liabilities.
You and your spouse are well advised to actually follow through on this requirement because it provides both of you with a good clear snapshot of where you stand financially at that particular point in the divorce.
Many of the divorces in Connecticut take at least a year to litigate and during the course of the final negotiations before dissolution both parties usually provide another updated financial affidavit.
In my divorce where there were some depositions involved, my ex produced another updated financial affidavit for each deposition, so in the end I had several copies each of which helped me track what was going on.
If there are any significant changes in the numbers from the first affidavit that is submitted and later affidavits, your lawyer or if you are self represented, you, can point them out to the judge or ask for an accounting.
The financial affidavit is signed by the client and the attorney under oath, so if you lie, you are supposed to be in a lot of trouble. In reality, it is generally well known that people lie in the financial affidavits all the time. However, if you are caught in a lie and the opposing side is particularly eloquent and/or has a good lawyer, you are TOAST and you will be sued for fraud.
As the Court stated in a decisive case about fraud Billington vs. Billington (1991) "the principle of full and frank disclosure...is essential to our strong policy that the private settlement of the financial affairs of estranged marital partners is a goal that courts should support rather than undermine...That goal requires, in turn, that reasonable settlements have been knowingly agreed upon." No settlement can be "knowingly agreed" upon if one or both of the parties lies.
Interesting. In Maine the same is required within 30 days as well. It is my understanding that failure to disclose (or lie) was the one and only way a final judgement could at any time (years later ...) become in whole, invalid.
ReplyDeleteAt the time I and my (now ex) spouse sat down early with a family friend, an active well respected attorney who practiced family law in our community, she went as far as repeating this to us twice to ensure we understood both the importance of the disclosure and why. And yet with all my research I have NEVER been able to find this information anywhere in Maine in any statute published, NOR have I found any case law in Maine (available to the public -those qualified to abide by such law), which would essentially support such a statement. While I am glad to see your information and while I understand the theory and intent for such - and most of all I sincerely hope any reader will take your advise as well as understand its precedence.
On the other side of this I cynically doubt - once an FA has been filled out they are not entered with the court until the judgement and post motions have been decided any it matters for any and/or all as follows-
1. The F/A is the document the attorney NEEDS within 30 days in order to decide whether your case is worthy (to them) of representation. Period. It is not given to court at that time.
2. Once the F/A is presented to the court and final judgement entered I seriously doubt it would be reopened UNLESS the amount of money is significant is enough to support #1. However If significant it will be hard and costly to find because you bet it is now very hidden. If insignificant but important to a party who wishes a fair hearing based on the law and tangible evidence (not bias or deference), ... too bad.
3. Do to the intent of the F/A and the attorney's repeated concern I am sure there is some case in Maine where this became an issue but only available to selected few who have clerks and those with access. My reading of Maine's opinions in some - not all - supports my opinion (am I not entitled as well?) is the higher court when presented with difficult issues leans to supporting the district court, or already taken the position -for any reason - least likely being a 'just' decision to you while simultaneously justifying the process with some obscure opinion (criminal, administrative, etc) to justify dispensing with the issue.
But again folks - that is not to say don't bother. In fact, it is to say - DO IT and KEEP IT UP TO DATE. Stay on top of it during the whole process- update monthly if possible because you never know when you be asked by your attorney to resubmit an F/A and you never know when it will get to the court - there will be no warning (i.e. too bad other life is happening) and KNOW IT MATTERS and ENSURE it is entered into the record and the docket and don't depend on your attorney or clerk to just do it. Go ask for the record and docket as an ongoing task to do for yourself!!!
Catharine is dispensing some very good advice for even SIMPLE divorces.
When I have read cases in regard to reopening a judgment based upon fraud, financial affidavits have played a central role in establishing that fraud. While you may not be able to locate hidden assets, if you can prove they exist, it may be possible to get the trial court to demand their return regardless of whether you know where they are or not. Of course, the question that arises is whether the sum of money under dispute is "significant" or not. I have seen case law that puts an amount that is significant at $60,000, but I feel, any amount is significant if it matters to the litigant. It seems to me to be a very relative concept. I would like to know if anyone knows of any other caselaw in CT or in any other state that has established a particular sum of money that becomes "significant". When do you cross that line into the trial court or appellate court considering it worthy of litigation.
ReplyDeleteI have been having problems with the short form on my computer. It seems like it is taking forever to calculate and doing some weird things. My computer is otherwise fast and healthy.Has anyone else had problems with the form?
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