Attorney O's Midnight Musings: Connecticut Law » Legal Separation

How To Complete A Financial Affidavit

Irene C. Olszewski, Esq. — Thu, 02 Jun 2011 01:02:29 +0000

In Family Law matters, the parties are usually required to complete and submit a sworn financial affidavit to the court. There is a fillable self-calculating version available online here. It’s a rather easy document to complete if you know what information is being requested. A word of advice: save the blank form to your computer first, then complete it and save it again.

The top section is the name, rank and serial number portion, so to speak. You are asked for the docket number assigned to your case. If you don’t know it (or the official name of your court case), click here to do a search on the judicial website for your case. Your name should be typed in the box marked affiant because you will be the person signing the affidavit.

The judicial district is the district in which the court you filed with is located. For example, Tolland Superior Court is located in the Tolland judicial district. To determine that information, click here.

The income section is self-explanatory. Refer to your pay stubs for the appropriate figures. If things are not always the same, take the average of the last 13 weeks and use those numbers. Note that the affidavit calls for weekly income figures, not annual.

The expenses section also wants you to report weekly — rather than monthly — numbers. Take your bills and divide them by 4.3 to get accurate totals for each category. For the more difficult categories such as clothing, use a 13 week average.

The liabilities section is where you will report your outstanding debts, such a credit card balances, student loans and the like. The weekly payment will be your monthly payment divided by 4.3 as in the expenses section.

To calculate your equity on real estate in the following section, subtract the mortgage balance owed from the approximate value of the real estate.

The remaining sections should not pose a problem. Just be sure to request accurate statements from banks, insurance companies and your HR department at work (for pension and such plans).

Do not sign the affidavit until you have been given an oath by an attorney, notary or court clerk. Remember, you are swearing to the truth of the affidavit. It will become part of the court record in your case and you will be bound by what you have reported. Lying or intentional omissions are never advised. Doing so may result in sanctions by the court.

Your attorney will advise you on how to properly complete your financial affidavit. It’s important to have accurate information prior to meeting with her or him. Do your homework thoroughly and be sure to collect the appropriate documentation. It’s also important to note that you may have to complete more than one financial affidavit during the course of your case, so be sure to stay on top of all the numbers.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

What Is a Notice of Automatic Court Orders in Divorce Cases?

Irene C. Olszewski, Esq. — Fri, 20 May 2011 01:03:09 +0000

When a divorce is filed in the State of Connecticut, a Notice of Automatic Court Orders must be served upon the other party by a marshal along with the Summons and Complaint. The following summarizes what each party can and cannot do while your divorce is pending. Failure to obey the Automatic Court Orders may be punishable by being held in Contempt of Court.

You cannot:

Sell, mortgage or give away any property without written agreement or a court order;
Go into unreasonable debt by borrowing money or using credit cards or cash advances;

Permanently take your children from Connecticut without written agreement or court order;

Take each other or your children off any existing medical, hospital, doctor or dental insurance policy or let any such insurance policy expire;

Change the terms or named beneficiaries of any existing insurance policy or let any existing insurance coverage expire. This includes life, automobile, homeowner’s or renter’s insurance;

Deny use of the family home to the other person without a court order, if you are living together on the date the divorce papers are served.

You must:

Complete and exchange sworn Financial Affidavits (form JD-FM-6) within 30 days of the return date. A Financial Affidavit is a special form on which you must disclose your wages and other sources of income, your assets, and your debts and expenses;

Participate in a parenting education class within 60 days of the return date, if you have minor children;

Attend a Case Management Conference on the date specified on the Notice of Automatic Orders (which will be determined by the court clerk) unless you both agree on all issues and file a Case Management Agreement form with the court clerk on or before that date;

Tell the other person (or her/his attorney, if she/he is represented by one) in writing within 48 hours about your new address or a place where you can receive mail if you move out of the family home (if you share children under the age of 18);

Help any children you share to continue their usual contact with both parents in person, by telephone and in writing.

If you object to the Automatic Court Orders or if you want them changed, you have the right to a hearing before a Judge within in a reasonable time, by filing a Motion to Modify these orders with the court clerk.

For more information on your rights in a divorce action, contact a licensed attorney.

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Legal Separation Versus Divorce

Irene C. Olszewski, Esq. — Tue, 27 Oct 2009 03:19:36 +0000

There is a lot of confusion as to the difference between obtaining a legal separation and a divorce in Connecticut. Some people believe that merely choosing to live apart constitutes a legal separation. It does not. Others believe that the parties must file for legal separation if they are seeking to divorce. That is false.

Legal separation is an action filed in court whereby the court may be asked to enter orders for issues such as custody, child support, alimony and the division of property, just as it would in a divorce. However, when a judgment of legal separation has been entered, the marriage is NOT dissolved. In other words, the parties are free to live separate and apart from one another – but they may not remarry another person because they are not divorced. Either party may petition the court to convert the legal separation into a divorce without having to revisit the orders entered at the time of the legal separation. Further, a legal separation can also be undone by both parties filing a declaration of resumption of marital relations in court. In other words, if the parties choose to reunite, they are not required to re-marry each other.

In a divorce, courts may enter orders for the same issues as they would in a legal separation. Once a judgment is entered, the parties are free to live separate and apart from each other permanently — and either party is legally free to marry another person. A divorce decree is final. This means that if the parties wish to reunite, the divorce action cannot be undone, as with a legal separation. If the parties wish to re-enter their legal relationship, they must legally re-marry.