filed marital settlement agreement, court still wants finanical statement what gives?

[dawiep]

What is the name of your state? CO

Yesterday I filed petition for divorce, including a marital settlement agreement with the court. I was then told that we both needed to submit financial statements/disclosures - what gives? If we have agreed between ourselves, then what the hell has it got to do with the courts? Seems like an infringment of my civil liberties/snooping to me. Granted we have done things back to front, i.e. signed the settlement before the financial dissclosures, though she had access to my bank records etc. anyway, and she was the one pushing to file things so quickly.

So is there any way out of filling out yet more paperwork, or is this a 'must do' or you get in trouble kind of scenario?

Any and all help, mucho appreciated

thanks

 

[Bali Hai]

What is the name of your state? CO

Yesterday I filed petition for divorce, including a marital settlement agreement with the court. I was then told that we both needed to submit financial statements/disclosures - what gives? If we have agreed between ourselves, then what the hell has it got to do with the courts? Seems like an infringment of my civil liberties/snooping to me. Granted we have done things back to front, i.e. signed the settlement before the financial dissclosures, though she had access to my bank records etc. anyway, and she was the one pushing to file things so quickly.

So is there any way out of filling out yet more paperwork, or is this a 'must do' or you get in trouble kind of scenario?

Any and all help, mucho appreciated

thanks

The judge wants to make sure that your STBX is getting everything she is entitled to. Just because you both agreed to the property settlement doesn't mean the judge will.

I personally know a couple who divorced and the wife gave up her share of the husbands retirement. The judge would not sign off on the divorce until the wife appeared before that judge and signed an affidavit relinquishing her claim to the retirement.

 

[dawiep]

The judge wants to make sure that your STBX is getting everything she is entitled to. Just because you both agreed to the property settlement doesn't mean the judge will.

I personally know a couple who divorced and the wife gave up her share of the husbands retirement. The judge would not sign off on the divorce until the wife appeared before that judge and signed an affidavit relinquishing her claim to the retirement.

Jeez, makes me wonder why we bothered with the marital settlement agreement now!

 

[Bali Hai]

Jeez, makes me wonder why we bothered with the marital settlement agreement now!

Chances are the judge will go along with things unless the settlement is rediculously lopsided in YOUR favor. If it's lopsided in HER favor the judge will sign it right away.

 

[dawiep]

Chances are the judge will go along with things unless the settlement is rediculously lopsided in YOUR favor. If it's lopsided in HER favor the judge will sign it right away.

I'm curious as to the process (not that the settlement is lopsided); if he didn't agree does he have the power to just order something to be done, or would I have the opportunity to present my case/argument?

 

[Bali Hai]

I'm curious as to the process (not that the settlement is lopsided); if he didn't agree does he have the power to just order something to be done,

Yes judges have that power and much of what they order is "discretionary", meaning they don't have to give a legal reason for doing it.

or would I have the opportunity to present my case/argument?

Your "financial statements/disclosures" are all the evidence the judge needs to see.

 

[dawiep]

Your "financial statements/disclosures" are all the evidence the judge needs to see.

So they see it as black and white with no shades of grey! I only ask as my wife hasn't worked in 15 months and is in the process of applying for disability. Obviously when the judge looks at the earnings of each of us over the past year he/she will see a big discrepency; now whether or not she is 'disabled' is a debatable point, it sounds like he wouldn't see it that way and would only look at the financials

No way of knowing of course, but I can see myself getting screwed here

 

[LdiJ]

So they see it as black and white with no shades of grey! I only ask as my wife hasn't worked in 15 months and is in the process of applying for disability. Obviously when the judge looks at the earnings of each of us over the past year he/she will see a big discrepency; now whether or not she is 'disabled' is a debatable point, it sounds like he wouldn't see it that way and would only look at the financials

No way of knowing of course, but I can see myself getting screwed here

Don't over-react to Bali's "gloom and doom". He is very bitter about his own divorce.

Judges rarely second guess a marital settlement agreement unless something in it looks VERY "off".

 

[Ohiogal]

The financials are to make sure that there has been a full disclosure of marital assets and debts.

 

[Bali Hai]

So they see it as black and white with no shades of grey! I only ask as my wife hasn't worked in 15 months and is in the process of applying for disability. Obviously when the judge looks at the earnings of each of us over the past year he/she will see a big discrepency; now whether or not she is 'disabled' is a debatable point, it sounds like he wouldn't see it that way and would only look at the financials

No way of knowing of course, but I can see myself getting screwed here

Now you're getting the picture.

 

[Bali Hai]

Don't over-react to Bali's "gloom and doom". He is very bitter about his own divorce.

Judges rarely second guess a marital settlement agreement unless something in it looks VERY "off".

Let's wait for the final verdict in OP's case and chances are there will be two "very bitter" people about their divorces.