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Mandatory Disclosure in Colorado Divorce


Summary:  Colorado law requires mandatory disclosure of all recent financial information. See Rule 16.2 and Form 35.1. You must provide copies to the other party, and vice versa.  Neither party can hide money or other property. Disclosure must be done before your case can be mediated.


Mandatory Disclosures in Colorado Divorce Cases Must be Made Within 40 Days After Case is Filed (or Before Case May Be Mediated) So That No One Hides Money or Other Property.


      Mandatory Disclosures. (Complete and accurate copies may replace originals. Children refers to minor children of both parties.)  The purpose of mandatory disclosure is to prevent the hiding of assets. 

      (a) Financial Affidavit. Each party shall provide a complete and signed Financial Affidavit in the Supreme Court approved form. See Appendix to Chapters 1 to 17A, Form 35.2, C.R.C.P.

      (b) Income Tax Returns (Most Recent 3 Years). Provide the personal and business federal income tax returns for the three years before filing of the petition or post decree motion. The business returns shall be for any business for which a party has an interest entitling the party to a copy of such returns. Provide all schedules and attachments including W-2's, 1099's and K-1. If a return is not completed at the time of disclosure, provide the documents necessary to prepare the return including W-2's, 1099's and K 1's, copies of extension requests and estimated tax payments.

      (c) Personal Financial Statements (Last 3 Years). Provide all personal financial statements, statements of assets or liabilities, and credit and loan applications prepared during the last three years.

      (d) Business Financial Statements (Last 3 Years). For every business for which a party has access to financial statements, provide the last three fiscal years' financial statements, all year-to-date financial statements, and the same periodic financial statements for the prior year.

      (e) Real Estate Documents. Provide the title documents and all documents stating value of all real property in which a party has a personal or business interest. This section shall not apply to post decree motions unless so ordered by the court.

      (f) Personal Debt. Provide all documents creating debt, and the most recent debt statements showing the balance and payment terms.

      (g) Investments. Provide most recent documents identifying each investment, and stating the current value.

      (h) Employment benefits. Provide most recent documents identifying each employment benefit, and stating the current value.

      (i) Retirement Plans. Provide most recent documents identifying each retirement plan, and stating the current value, and all Plan Summary Descriptions.

      (j) Bank/Financial Institution Accounts. Provide most recent documents identifying each account at banks and other financial institutions, and stating the current value.

      (k) Income Documentation. For each income source in the current and prior calendar year, including income from employment, investment, government programs, gifts, trust distributions, prizes, and income from every other source, provide pay stubs, a current income statement and the final income statement for the prior year. Each self-employed party shall provide a sworn statement of gross income, business expenses necessary to produce income, and net income for the three months before filing of the petition or post decree motion.

      (l) Employment and Education-Related Child Care Documentation. Provide documents that show average monthly employment-related child care expense including child care expense related to parents' education and job search.

      (m) Insurance Documentation. Provide life, health and property insurance policies and current documents that show beneficiaries, coverage, cost including the portion payable to provide health insurance for children, and payment schedule.

      (n) Extraordinary Children's Expense Documentation. Provide documents that show average monthly expense for all recurring extraordinary children's expenses.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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