Colorado has established Rule 16.2, a simplified civil procedure designed to streamline case management and mandatory disclosures in domestic relations matters.
The Duty of Full and Honest Disclosure
Under C.R.C.P. 16.2(e), parties involved in domestic relations cases are bound by a legal obligation to provide the court and each other with a complete and honest disclosure of all relevant facts. This duty applies to any information that materially affects:
- The rights and interests of the parties themselves.
- The well-being and interests of any children involved in the case.
Colorado Court Form 35.1 details information and mandatory financial disclosures required under Rule 16.2. Under that rule you need to disclose any financial account in which you have an interest, including but not limited to credit card statements, bank statements, retirement and investment account statements. You must also disclose without inquiry all sources of income including wages, bonuses, compensation, retirement compensation, shift differentials, per diem, dividends, rental income and the like. These things are relevant and material to property division and all support issues.
Also material, are a vested interests in trusts and property of others including trusts.
Key Requirements of Rule 16.2
- Affirmative Disclosure: Parties must proactively share material information necessary to resolve the case; they cannot wait for the other party to ask or send formal discovery requests.
- Duty of Candor: All disclosures must be conducted with the utmost “duty of candor,” ensuring that the resolution of domestic issues is based on transparent and truthful communication.
The best way to proceed is to over disclose. If there is an issue, financial or not which may or may not impact the findings or outcome of a case, then it needs to be disclosed without further inquiry. Things like medical records, mental health records, substance abuse testing or evaluation results and other similar things are all subject to disclosure under the rule.
To discuss C.R.C.P. 16.2 with one of our Colorado Springs attorneys, contact us today or call (719) 626-4661
Divorce and child custody litigation is not a time to play hide the ball.