financial declaration Archives - Ogden Divorce Lawyer

The Divorce Process: Financial Declaration

Todd Peterson — Mon, 14 Oct 2013 20:43:59 +0000

What most people don’t often realize about the divorce process is that it is a civil suit. It may not be the exact same type of thing as suing an insurance company because of a car accident or something like that it still follows most of the same rules as other civil lawsuits. One of the phases of a civil suit is discovery. Discovery is the fact gathering part of a lawsuit, where both parties try and support their cases with evidence they obtain from the other party or from some other methods. In a divorce proceeding the process of discovery is initiated with what are called the initial disclosure and the financial declaration.

What is the Financial Declaration

A very large part of most divorces is about money. How will assets be distributed? Will alimony be paid? Who will pay child support? and so forth. Due to this large emphasis on money the courts require that both parties in a divorce fill out a financial declaration and provide a copy of said declaration to the other party. The financial declaration is basically a snapshot of your finances, such as income, expenses, debts, assets, as well as documentation to show the veracity of the numbers you have put down. In some scenarios, such as temporary orders hearings, you will also have to provide the court with a copy of your financial declaration.

Divorce Attorneys In Ogden | Call Ogden Divorce Law Today

The divorce process can be convoluted and complicated at times and that is why you should probably speak with a qualified family law attorney to get help with your case. At Ogden Divorce Law we focus on making sure our clients understand the process as best as possible so they can make informed decisions about their future. Call or email us today for a free consultation.

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The Importance of a Proper Financial Declaration

Todd Peterson — Wed, 28 Aug 2013 21:45:47 +0000

If you are involved in a contested domestic matter, you will likely need to file a financial declaration. In fact, there are time requirements imposed on when your financial declaration may be due. It is not only important to ensure your financial declaration is filed in a timely manner, but it is also important your financial declaration is accurately filled out and that all of the necessary documents are attached. The financial declaration you file in your case may have a huge impact on matters such as alimony, asset division, awarding attorney fees and more.

Impact on Alimony

A few of the primary factors a judge will consider when determining whether or not to award alimony and in what amount, are entirely related to the information you provide on your financial declaration. If you are asking for alimony, the judge will look to your income and your monthly expenses stated on your financial declaration to determine what your need is. Demonstrating a higher need (i.e. not being able to pay all your reasonable bills each month) may lead to a higher alimony award. On the flip side, if you are trying to minimize an alimony award against you, the judge will also being looking at your income and monthly expenses but in a different way. The judge will be trying to determine what your ability to pay is. If you can demonstrate a lower ability to pay (i.e. you are already in the red each month and can’t make your own reasonable bills), your alimony risk may be decreased.

Help From an Ogden Utah Divorce Attorney

Understanding your legal requirements regarding your financial disclosures and submitting a correct financial declaration can be key. For help in this process you can meet with an Ogden Utah Divorce Attorney at our Ogden Law Firm at your convenience.

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