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Disclosure of Information |
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In a divorce or separation case that goes through the court system for resolution, each party has the right to request all relevant information from the other party, and the other party has the obligation to provide the requested information, through a legal process known as "discovery."
All too often, there are protracted, bitter battles over providing relevant information, particularly financial information. Lawyers and their clients manipulate the legal process in order to hide the information; some people even conceal significant assets. In the collaborative process, the parties pledge to provide the information needed voluntarily. This makes it possible for both parties to make the best decision possible.
The decisions made during a divorce or separation are vitally important decisions regarding the future needs of both parties, and the needs of the children. Most often each party will execute and exchange a sworn, detailed summary setting forth all income, assets, and liabilities, with supporting documents. This is the basis for the work of the financial consultant on the collaborative team, and information your lawyer will need in order to inform and advise you on legal issues. Full and open disclosure of information is one of the cornerstones of fairness and respect in the collaborative process, and is a provision of the written participation agreement between the parties and their attorneys.
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