Disclosures

Purpose of Disclosure

The primary purpose is to discover facts, evidence, and witnesses before a final Order can be entered with the Court by ensuring that each party is aware of what property, debts and overall issues are to be addressed during the proceedings.  The disclosure process also encourages out-of-court settlements by having both sides knowledgeable of all the facts.  Disclosure is NOT filed with the Court. Disclosure is only exchanged between the parties and/or their counsel if represented.

The disclosure process is a crucial stage in your case. The way your case unfolds can be significantly impacted by what information is disclosed and what is withheld. The rules are designed to ensure that both sides have a comprehensive understanding of the case well before trial, allowing them to focus on exchanging information and resolving the dispute, rather than engaging in expensive discovery conflicts. If you fail to provide any documents or information required by Rule 49 ARFLP, you may face sanctions from the Judge, including having to pay the other party’s attorney’s fees. Additionally, non-compliance can hinder your ability to present your case effectively –  you and your witnesses may be barred from testifying, or you may be restricted in presenting certain evidence at trial.

Key Aspects of Disclosure:

1. Financial Disclosure:
   • Assets and Liabilities: Parties must disclose all assets (e.g., bank accounts, real estate, investments) and liabilities (e.g., debts, mortgages).
   • Income and Expenses: Information about income sources (e.g., wages, business income) and regular expenses (e.g., household costs, child support) must be provided.
2. Documentation:
   • Parties are often required to submit supporting documents such as bank statements, tax returns, pay stubs, and property valuations.
3. Witnesses and Expert Witnesses:
   • Witnesses: Each party must disclose the names, addresses, and telephone numbers of any witnesses, whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness’s expected testimony.
   • Expert Witnesses: The party also must disclose the subject matter on which the expert will testify, the substance of the facts and opinions on which the expert will testify, a summary of the grounds for each opinion, the expert’s qualifications, and the name and address of any custodian of reports the expert prepared.
4. Full and Honest Disclosure:
   • The information provided must be complete and accurate. Deliberate concealment or misrepresentation can lead to legal consequences and adversely affect the outcome of the case.

Importance of Disclosure in a Family Law Case:

1. Fair Distribution of Assets:
   • Equitable Division: Proper disclosure ensures that assets and debts are divided fairly between the parties. The court relies on this information to make equitable distribution decisions.
2. Accurate Determination of Support:
   • Child and Spousal Support: To determine appropriate levels of child support and spousal support, the court needs a clear understanding of each party’s financial situation. Disclosure provides the necessary details for calculating fair support payments.
3. Prevention of Fraud:
   • Preventing Dishonesty: Disclosure helps prevent one party from hiding assets or income, which could otherwise lead to an unfair advantage or harm to the other party.
4. Informed Decision-Making:
   • Informed Settlements: Both parties and their attorneys can make informed decisions and negotiate settlements more effectively when they have a complete picture of the financial situation.
5. Legal Compliance:
   • Avoiding Penalties: Adhering to disclosure requirements is a legal obligation. Failure to comply can result in legal penalties, sanctions, or adverse rulings by the court.
6. Resolution Efficiency:
   • Streamlined Process: Comprehensive disclosure helps streamline the legal process by minimizing disputes over financial matters and reducing delays in reaching a resolution.

DISCLOSURE DEADLINES:

1. Initial Disclosures: Unless the parties agree in writing or the court orders otherwise, every party must provide an initial disclosure statement, not later than 40 days after the filing of the first responsive pleading to a petition.
2. Supplemental Disclosures:  The duty of disclosure is a continuing duty, and each party must serve additional or amended disclosures when new or additional information is discovered by, or revealed to, the party. Supplemental disclosure should be provided to the other party within 30 days after the information is discovered.
3. Trial Disclosures: All documents that are intended to use at trial must be disclosed at least 30 days before trial or by any deadline that is imposed by the Court.
4. Witness/Expert Witness Disclosures: If you intend to use a witness and/or expert witness, you must disclose this information at least 60 days before trial, or by any deadline that is imposed by the Court.