In the state of Arizona, there are strict rules governing disclosure in the context of family law. Generally, these rules can be found under Rule 49 of the Arizona Revised Statutes Annotated Rules of Family Law Procedure. These rules are intended to ensure that all parties to a family law case are informed of relevant facts, data, legal theories, witnesses, documents, and other information that may pertain to their case.
Rule 49 details the information that MUST be disclosed in every case, and it can be overwhelming – especially during an already stressful custody battle. While we will meet with you specifically to determine what evidence we need, here are some documents that can help you get started.
1. Financial documents: This may include, but is not limited to, pay stubs, tax returns, bank statements, and other financial documents that provide information about your income, assets, debts, and expenses. These documents help to establish the presence or absence of support obligations and help to determine the amount those obligations might be.
2. Legal documents: This can include all documents relevant to your divorce proceedings, such as the petition, any temporary or standing orders, and the final divorce decree itself.
3. Medical documents: Should your case involve medical issues; you may be required to provide documentation such as doctor’s reports or diagnostic information.
4. Educational documents: If you have children, the court may require you to gather their educational records. This can include report cards, IEPs, or reports from the school.
5. Custody documents: In cases where you are seeking custody of your children, you will be required to furnish the court with documents that prove that you can provide a suitable and stable environment conducive to their long-term development.
6. Communication logs: Text messages, emails, and phone records may be used to establish your patterns of communication with the other party in your case. These documents can be especially relevant in the context of a custody hearing. It is important to always document all communication with the opposing party.
Your attorney can advise you on specific documents that you may need for your case. We will help and you won’t be on your own. For an infographic outlining everything you need for your case, click here.
If you are facing a child custody battle in Arizona, we here at Simon Law Group can help. Our expert attorneys are well versed in Rule 49 disclosure rules and can help you to gather the documents necessary to present your strongest possible case to the court. Contact us today for a consultation!
