• Divorce, Legal Separation or Annulment - New Mandatory Information Disclosure Requirements
  • September 18, 2009 | Author: Frederic L. Goeddel
  • Law Firm: Drew Law Firm Co., The, A Legal Professional Association - Cincinnati Office
  • As of January 1, 2008 the new Hamilton County Common Pleas Court Local Rule 1.26 has been implemented which requires the mandatory disclosure of information. The rule applies in all Divorce, Legal Separation or Annulment actions.

    Certain information and documents must be provided to the opposing side (your spouse's attorney) within 45 days of filing for divorce. Because dissolution cases are not considered "litigation" nor "adversarial", the rule does not apply.

    All important information must be disclosed including:

    • Deeds/vehicle titles
    • Tax returns for past 3 years
    • Copies of all bank accounts
    • Recent statements for all retirement accounts, i.e. IRAs, 401(k), etc.
    • Life insurance policies
    • Proof of current income
    • Health insurance information
    • COBRA benefits
    • Child care expenses
    • Recent credit card and debt statements
    • Affidavits of income and property

    Failure to comply may result in a finding of contempt and a requirement that the offending party pay the legal fees of the non offending party.

    If anticipating a divorce action, gather all of these documents so you may provide them to your attorney when he or she has been hired. Your spouse may foolishly think that removing this vital information from access of both spouses is a clever idea. It isn't!! Non-cooperation will only cause your legal fees to increase.