Denver, Colo. – Under a special procedural rule in Colorado, the court can reopen divorce and child custody cases for up to five years based on material misstatements or omissions by either party in their mandatory financial disclosures. Colorado Rules of Civil Procedure, C.R.C.P. 16.2(e)(10) applies to all domestic relations cases filed on or after January 1, 2005 and for post-decree motions filed on or after that same date. Without the rule, an order in a domestic relations case would need to be challenged within six months of entry.
The new rule not only increases the amount of time that a trial court retains jurisdiction over domestic relations cases, but also institutes new case management procedures and mandatory affirmative disclosure duties.
“The new disclosure requirements shift the responsibility for omissions or misstatements from the party receiving the documents to the party submitting them,” according to the Colorado Supreme Court. “This provision embraces the principle that spouses are in a fiduciary relationship with each other.”
“Unfortunately, some clients come to me with horror stories about how their ex-spouse misstated or omitted crucial facts,” said Thode, who has helped hundreds of clients in divorce and child custody proceedings. “This rule enables individuals to reopen their case for up to five years when they discover material omissions or misstatements by their former spouse or parent of their child.”