Even in a simple divorce action, many issues must be addressed. There are also specific filing requirements that must be met. One of the issues that spouses must resolve during a divorce is dividing their assets and debts. Therefore, New Jersey laws require spouses to file specific financial documents as part of the required disclosures during the divorce process.
The first step in the divorce disclosure and discovery process is filing a Case Information Statement.
What Is a Case Information Statement in a Monmouth Divorce Case?
A Case Information Statement (CIS) in a New Jersey divorce action is a financial statement. Each spouse is required to file a Case Information Statement after the initial divorce papers are filed with the court.
Spouses are required to report their income and their spouse’s income. The information is detailed and must include all types of income. Examples of sources of income include but are not limited to, salary, wages, overtime pay, stock options, bonuses, commissions, tips, rental income, business income, and retirement income.
You must also report your current expenses and your family’s expenses. The purpose of reporting your family’s expenses is to establish your standard of living now versus during your marriage.
In the section related to family assets and liabilities, you must report all your assets, including marital property and separate property. You must also report all debts, whether you owe them individually or jointly.
You need to gather several documents to prepare a Case Information Sheet. Some of the documents must be attached to the form. Those documents include:
- W2s, 1099s, and other proof of income
- Tax returns
- Pay stubs
- Bank account statements
- Retirement accounts
- Account statements for all debts and liabilities
- Life insurance policies
- Business statements
- Property appraisals
You must sign the Case Information Sheet under oath. Therefore, it should be complete and accurate. You could face court penalties for willfully providing false information to the court.
Why Is the Case Information Sheet Important in a New Jersey Divorce Action?
Both spouses must provide accurate financial information during a divorce. The financial information provided to the court is used to calculate spousal support or alimony. The court also uses the information to determine a parent’s child support obligation and a fair division of marital property.
Hiding assets and concealing income will be addressed by the court. During a divorce case, a spouse could face severe consequences for lying about their finances and property. In addition to the CIS, discovery is designed to help ensure honest and complete disclosures during a divorce.
What Does the Discovery Process Entail in a Monmouth County Divorce Case?
Discovery is a process used in civil court cases to exchange information and documentation between parties. The parties use the information and documentation they receive during discovery to prepare for settlement negotiations and trial. The New Jersey Rules of Civil Procedure govern the discovery process in a divorce case.
The rules provide several tools for parties to obtain information and documentation during discovery. Those tools include:
Depositions
During a deposition, a person provides sworn testimony outside of a courtroom. A court report transcribes the deposition to create an official record. The attorney requesting the deposition asks questions, but the other attorney is not permitted to cross-examine the person because the parties are not in a courtroom.
An attorney may depose several people in a divorce action, including:
- The parties involved in the case
- Financial experts, appraisers, and other expert witnesses
- Psychologists, teachers, coaches, and other witnesses that can offer information about child custody matters
- Other individuals with information that pertains to a matter within the divorce action
The testimony in a deposition can be used to impeach a witness in court if they try to change their testimony. Depositions are valuable discovery tools because the rules of evidence that apply in court do not apply to depositions. Therefore, the attorneys can obtain more information than they might gain in court.
Interrogatories
Interrogatories are written questions that must be answered under oath. The duty to answer the questions extends throughout the case. If a party receives additional information that would have been disclosed in the original interrogatories, they have a duty to disclose the information to the opposing party.
Request for Admissions
This document lists statements that a person must admit or deny. If the person does not have sufficient information to admit or deny the statement, they must state so in response to the statement. Requests for Admissions help narrow the disputed issues for trial.
Request for Production of Documents
The request includes a list of documents that the party must produce. As with other discovery requests, the responses are submitted under oath. The party certifies that the information and documentation are accurate and complete to their knowledge.
Subpoenas
A subpoena is a court order requiring a party to provide documents and/or testimony. Subpoenas may be used to compel witnesses to appear for a deposition. Attorneys use subpoenas to obtain records and documents from banks, schools, and other sources. The records must be relevant to the divorce case.
Physical and Mental Health Examinations
The court may order a spouse or child to submit to physical and mental health examinations. These examinations are often used when there are issues in dispute related to child abuse or domestic abuse. The court may also require examinations when a parent alleges the other parent is unfit.
Contact Our Monmouth County Divorce Lawyers for Help
Regardless of whether you anticipate your spouse cooperating with the divorce or fighting the divorce, you benefit from legal advice. One of our Monmouth County divorce lawyers will explain your rights and the divorce laws that apply in your case. Call The Law Office of Jennifer J. McCaskill for a free consultation today.
The Law Office of Jennifer J. McCaskill, LLC
157 Broad St Ste. 111 Red Bank, NJ 07701
(732) 747-1882
