For Utah couples who are getting a divorce, the emotional, financial, and personal challenges are enormous. As the case moves forward, they will be thinking about child custody, parent-time, alimony, child support, property division and more.
They might not be fully aware of the law and its nuances. This includes knowing deadlines and providing the necessary information to both the court and the opposing side. However, it is important that people going through a divorce have a fundamental grasp of the law and the changes that have recently gone into effect.
One example is the changes to disclosure requirements, which went into effect on November 1, 2021.
New domestic relations rules have gone into effect
With Rule 26.1, Utah Rules of Civil Procedure, disclosure and discovery have been changed. The rule relates to the various family law issues mentioned above. Rule 26 outlines certain required disclosures, and Rule 26.1 adds to this.
For example, each party must submit their Initial Disclosures to the other party. In the past, the responding party had up to 42 days after filing their initial answer to the complaint to provide these documents. Now, both parties have only 14 days to complete their Initial Disclosures. Therefore, it is important to prepare all of the necessary documents early on in a case.
There is also a Financial Declaration required of the parties. Each party must be served the other’s full Financial Declaration using the proper forms and attachments. It must include: verifications of every item and amount listed except for monthly expenses; full federal and state income taxes with all relevant documentation and information; proof of income through paystubs for the year before the filing of the petition; loan applications and financial statements that were used in the year before filing; documents that detail the value of real estate; all financial statements from the previous three months; and estimates if these documents are not available.
Having professional advice is essential with legal changes to divorce proceedings
Mistakes in a divorce case can be costly, and this is especially problematic if the mistakes are simply due to not knowing about legal changes. These new rules are in effect as of November 1, 2021, so it is critical to be cognizant of the impact they might have on a case. For these and other family law concerns, it is always wise to have professional assistance so the divorcing parties can concentrate on their own goals and set about achieving them. To speak with an experienced family law attorney, please call Kristopher K. Greenwood & Associates at (801) 475-8800.