Financial disclosures required at outset of divorce

Michigan Court Rule (MCR) 3.206 provides requirements for starting a domestic relations case, including the basics of what needs to be in the complaint, requesting spousal support, and providing a Verified Financial Information Form (VFIF). See MCR 3.206(C)(2).

The VFIF became required in divorce, separate maintenance and annulment cases in 2020, and is a sworn document created by the State Court Administrator’s Office (SCAO), form CC320. It requires parties to disclose personal information such as benefits from their employer, sources of income, real estate, financial accounts, retirement benefits, property, debts and more. Parties have 28 days after the defendant first responds to the complaint to serve the completed form on each other.

 

If parties agree (in writing, of course) to waive exchange of the form, or if they have an executed consent judgment, final order or settlement agreement when the case is filed, the VFIF is no longer required. For those impacted by domestic violence or assault, certain identifying information can be left out of the completed form, but you will be required to explain to the court why information was omitted.

 

Discovery is an integral part of litigating and finalizing the case – it’s rare that both parties know all the little details about their assets and debts. By requiring the VFIF to be exchanged at the outset of the case, both sides get a jump start on what needs to be explored deeper. Discovery can be extremely time consuming and costly for both sides, especially when one party has taken primary responsibility for paying bills, investing money or otherwise assumed financial control over the estate (whether agreed upon or not). The other side may be left in the dark, requiring more aggressive discovery tactics, more subpoenas, more interrogatories, more depositions. The VFIF helps reduce the amount of time and money needed to give both parties a full picture of the marital estate and resolve the matter.

 

Transparency is crucial to the court process, no matter what case is being heard. While some argue that transparency doesn’t exist within the judicial system, the VFIF attempts to combat that belief, setting the tone that full disclosure is not voluntary, but mandatory.

Help finding legal forms you need

Ending things with your better (or worse) half requires a lot more effort than beginning the relationship. Once you decide to divorce or separate, the paperwork pile turns into a mountain. One of the first hurdles self-represented individuals face is simply trying to find the forms and documents that must be completed and filed. Without those, pleading your court case is very difficult.

Luckily, there are several options to explore, whether you are representing yourself or have an attorney. The State Court Administrator’s Office (SCAO) has a plethora of forms online and available for free at https://www.courts.michigan.gov/SCAO-forms/. These forms are regularly updated so it’s best to check that your form is the most recent version. SCAO has forms for a multitude of legal areas, not just family law, and are used frequently by the court and litigants.

 

Another popular option is Michigan Legal Help’s website, https://michiganlegalhelp.org, which provides step-by-step instructions on a variety of legal issues, including family law, criminal, employment, housing and others. In addition to forms, Michigan Legal Help has articles and helpful links to clinics and other resources. You can fill out and print a “do it yourself” divorce by simply answering the questions and inputting your data. By using this tool, you’re not just handed a blank judgment and instead the site prints a completed document based on your information. While the forms are free, you can make an optional donation.

 

Some courts provide DIY divorce kits with the forms necessary to handle your divorce start to finish but the cost for these kits vary and not all counties provide them. The Legal Resource Center, or LRC, run by Eastern Michigan University’s paralegal program, operates out of the Washtenaw County courthouse and provides assistance in the areas of probate and family law, housing disputes and small claims issues. While the LRC can’t provide legal advice, it provides help with accessing and completing forms. As it is run in conjunction with the university, be sure to check the hours of operation as it follows the academic calendar. There may also be a cost related to printing fees.

 

The Friend of the Court (FOC) carries a variety of free forms as it relates to family law cases. Some are available on your county’s FOC website, or you can request that they be mailed or emailed to you.

 

While this article is not exhaustive of the resources available to litigants and attorneys, it’s a solid start to pleading your case.