Littleton, CO asked in Divorce for Colorado

Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

Was served to me even though I wanted the divorce. They keep asking me to sign a waiver and submit my financial information, "to come up with a fair plan,"

and make it a simple process. We have no kids, so it's just a matter of debt and equity of a house. Does this sound like a strange that they're wanting financial information when I just want my portion of the equity of the house and be done with it?

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2 Lawyer Answers
Courtney Edwards
Courtney Edwards
Answered
  • Edwards, CO
  • Licensed in Colorado

A: Signing a waiver will alleviate the need to have you served by a Sheriff. They could have had you file jointly but sounds like this isn't the route that was taken.

Regarding your financials- the both of you will have to fill out and file a Sworn Financial Statement. That is what they are asking for. JDF 1111 is the form that you'll need to fill out - you can find it on the Colorado Judicial website. Additionally, you'll need to provide statements to back up the numbers you put on the sworn financial statement, such as bank statements, mortgage statements, etc. If your financial situation is fairly uncomplicated, this should be a straightforward process. However, don't by shy about scheduling a consultation with an attorney so that you are advised of your rights and responsibilities through this process.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: The waiver is instead of having you personally served by the Sheriff or a private process server. It is usually considered preferable than being served.It is a necessary process before the case can proceed. The financial information is required to be provided by the court rules for divorces. You should get a lawyer to help you with this.

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